Legal person organs refer to state organs at all levels established in accordance with laws and administrative orders and mainly engaged in state management activities. A legal person organ is an organization engaged in management on behalf of the state. When they are engaged in management activities, they are entrusted by the state in the name of the state, and their actions directly reflect the will of the state. In these activities, they often appear not as legal persons, but as state managers. Only when engaged in commodity exchange does it appear as an institutional legal person.
Organs and legal persons include state legislatures, administrative organs, judicial organs and military organs.
According to the Decision on Prohibiting Party and Government Organs and Cadres from Running Enterprises through Business and the Provisions on Further Stopping Party and Government Organs and Cadres from Running Enterprises through Business, Party committees, state power organs, administrative organs, judicial organs, procuratorial organs and institutions affiliated to these organs at all levels are not allowed to run enterprises through business; According to the notice of the General Office of the State Council, the General Office of the Central Committee of the CPC that the political and legal organs of the Armed Police Force are no longer engaged in business activities, the political and legal organs of the Armed Police Force are not allowed to engage in business activities. Therefore, in principle, government agencies and legal persons prohibit investment companies from becoming shareholders.
However, according to the relevant provisions of the Company Law, a wholly state-owned company is a limited liability company established by a state-authorized investment institution or a state-authorized department. According to the management system of "unified ownership and hierarchical management" of China's state-owned assets, the State Council unifies the ownership of state-owned assets on behalf of the country, but all departments and localities exercise management power over state-owned assets at different levels. From this point of view, although the state itself and general legal persons cannot become the main investors, institutions or departments authorized by the state can also become qualified equity investors, such as the State Administration of State-owned Assets.