1, criminal responsibility. The responsibility of the legal representative mainly comes from "unit crime". If a unit commits a crime, it shall be fined, and in many cases, the directly responsible person in charge and other directly responsible personnel shall also be held accountable;
2. Civil liability. Under normal circumstances, the legal representative's civil liability arising from his duty behavior shall be borne by the legal person, and the legal representative generally does not need to bear civil liability directly;
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3. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, if the legal representative has dereliction of duty, the severity will reach the level of criminal law investigation or administrative sanctions should be given;
4. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.
1. What is the representative responsibility of a legal person?
1. The responsibilities of the legal representative are as follows:
(1) The legal representative of an enterprise should bear different legal responsibilities on different occasions;
(2) If a legal person has no defects in its establishment, its liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, unless the legal representative has dereliction of duty, the severity reaches the level of filing an investigation or giving administrative sanctions;
(3) As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it does not need the legal representative to bear civil liability. When a legal person in the form of a limited company is in debt, the company shall bear all the property, and it does not need to be borne by individual shareholders, except that the capital contribution is defective when it is established.
2, the difference between legal person and legal representative
(1) A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. Different from natural persons, legal persons are inanimate social organizations, and the essence of legal persons is the legal personification of some social organizations;
(2) An enterprise as a legal person refers to an economic organization with independent property, a sound organization, articles of association and a fixed place stipulated by the state, which can independently bear civil liabilities, enjoy civil rights and assume civil obligations;
(3) The legal representative represents the interests of the enterprise legal person and exercises the rights of the legal person according to the will of the legal person. The legal representative is responsible for organizing and leading the production and business activities within the enterprise; Fully represent foreign enterprises and handle all civil activities;
(4) The power of the legal representative is endowed by the legal person, who shall bear civil liability for the normal activities of the legal representative. However, if the representative's behavior goes beyond the scope of rights granted by the legal person, the legal person may be responsible for it.
To sum up, the legal representative of an enterprise has to bear different legal responsibilities on different occasions, and there are many types. For example, in the case of representing an enterprise, its personal signature will lead to the consequences of the enterprise taking responsibility; If the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the enterprise in the future; If an enterprise violates the relevant laws and regulations, it may restrict the person of the legal representative. If it refuses to execute the court judgment, the legal representative will be detained; If a legal person commits a crime, the legal representative will be subject to criminal punishment.
Legal basis:
Article 3 of People's Republic of China (PRC) Company Law
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them. Article 4 Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.
Article 61 of the Civil Code of People's Republic of China (PRC)
In accordance with the provisions of the law or the articles of association of the legal person, the person in charge of civil activities on behalf of the legal person is the legal representative of the legal person.
The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.
The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart.