Pretending to be the legal representative may have the following risks: 1, civil liability (1) If the actual controller manipulates the company, there are acts such as fictitious capital contribution, withdrawing capital contribution, illegal operation or concealing, transferring assets, disposing of property without liquidation, etc., "pretending to be" the legal representative will bear corresponding civil liability for compensation; (2) If the legal representative violates laws, administrative regulations or the company's articles of association when performing the duties of the company, causing losses to the company, he shall be liable for compensation to the company. 2. Administrative responsibility: According to the Civil Code, Company Law and other relevant laws, if an enterprise as a legal person is under any of the following circumstances, in addition to the legal person's responsibility, the legal representative shall also bear administrative responsibilities such as administrative sanctions and fines. (1) engages in illegal business beyond the business scope approved and registered by the registration authority; (2) concealing the real situation from the registration authority and the tax authority or practicing fraud; (3) Evading funds or hiding property to avoid debts; (4) Disposing of property without authorization after dissolution, cancellation or bankruptcy; (5) Failing to apply for registration and announcement in time at the time of alteration or termination, thus causing great losses to the interested parties; (six) to engage in other activities that harm the national interests or social public interests prohibited by law. 3. Criminal Responsibility (1) In some unit crimes stipulated in China's criminal law, in addition to punishing the unit, the directly responsible person in charge and other directly responsible personnel can also be investigated for criminal responsibility. For example, the crime of producing and selling fake and inferior products, the crime of tax evasion, and the crime of illegal business operation. The legal representative will generally be identified as "the directly responsible person in charge and other directly responsible personnel" and be investigated for criminal responsibility. (2) The basic element of a crime is that the perpetrator is intentional or negligent. Although the nominal legal representative does not participate in the operation and management of the enterprise, he knows that the actual controller uses the company to commit crimes without stopping or letting it go. The nominal legal representative should also bear the corresponding criminal responsibility. 4. Credit disciplinary measures. According to the provisions of relevant laws and regulations, when the company is applied for compulsory execution because it fails to fulfill its obligations stipulated in legal documents, the company and its legal representative will be subject to corresponding restrictive measures, such as restrictions on leaving the country, being included in the list of untrustworthy executors, restricting high consumption and related consumption, not being allowed to fly or take trains, restricting children from attending high-fee private schools, and restricting loans to financial institutions.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 61 In accordance with the law or the articles of association of a 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.
Article 62 If a legal representative causes damage to others when performing his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.
Company Law of the People's Republic of China
Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
Article 149 Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties in the company and cause losses to the company shall be liable for compensation.
Article 37 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Execution Procedure of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the person subjected to execution is a unit, his legal representative, principal responsible person or person directly responsible for affecting the performance of debts may be restricted from leaving the country. If the person subjected to execution is a person without or with limited capacity for civil conduct, his legal representative may be restricted from leaving the country.
Article 3 of the Regulations of the Supreme People's Court Municipality on Restricting the High Consumption and Related Consumption of the Executed Person states that if the executed person is a natural person, he shall not commit the following high consumption and unnecessary consumption behaviors after taking the consumption restriction measures: (1) When taking the means of transportation, choose the second-class or above cabins of airplanes, trains and ships; (two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; (three) the purchase of real estate or new construction, expansion, high-grade decoration of housing; (four) leasing high-grade office buildings, hotels, apartments and other places to work; (5) Purchasing non-essential vehicles; (6) tourism and vacation; (seven) children attending private schools with high fees; (8) Paying high premiums to purchase insurance wealth management products; (9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.