The difference between the actual controller of an enterprise and a legal person

Legal analysis: A company as a legal person refers to the person in charge who engages in civil activities on behalf of the legal person in accordance with the law or the articles of association of the legal person, and is the legal representative of the legal person. Actual controller refers to the actual manager of the company, that is, the actual person in charge. The difference between a company as a legal person and an actual controller is mainly in civil behavior and shareholding structure.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 57 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.

Article 58 A legal person shall be established according to law.

A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

The establishment of a legal person shall be approved by the relevant authorities in accordance with the provisions of laws and administrative regulations.

Article 59 The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.

Article 60 A legal person shall bear civil liability independently with all its property.