1. What is the position of the legal representative of a limited company?
(1) In a limited liability company, the legal representative of the enterprise is generally the chairman (executive director) or manager (general manager) of the company.
(2) As for other enterprises, the position of the person in charge shall be determined according to the enterprise situation. The legal representative of an enterprise shall exercise its functions and powers and perform its obligations within the scope of functions and powers stipulated by national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the enterprise, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities.
(3) The legal representative of the company may entrust others to act on its behalf.
(4) When the legal representative of the company entrusts others to act as an agent, he shall do so in writing. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others.
(5) Generally, the legal representative of a company shall not concurrently serve as the legal representative of other companies. Due to special needs, they can only work concurrently in enterprises with affiliation or joint venture or investment, and they will be strictly examined by the competent department of the enterprise or the registration authority.
(6) The legal representative of an enterprise as a legal person is the signatory who exercises authority on behalf of the enterprise. The signature of the legal representative shall be filed with the registration authority. The document signed by the legal representative is a legal document representing an enterprise as a legal person.
2. What legal responsibilities should the legal representative of a limited company bear?
According to China's Company Law, if the legal representative of a company falsely contributes capital or abuses the power of the legal representative to infringe the interests of the company, he shall be jointly and severally liable for the company's debts.
3. Can the legal representative of the limited company entrust others?
Considering that many people confuse "legal representative" and "legal representative", let's define it first:
The legal representative refers to the principal responsible person (such as the director and the chairman of the company) who exercises civil rights and performs civil obligations on behalf of a legal person according to law. ).
Legal representative: refers to the authorized representative of the legal representative.
The legal representative may authorize the person to handle relevant business and affairs. Therefore, entrusting others to do things requires a power of attorney.
The legal representative is the authorized representative of the legal representative. If it is entrusted to others, it is necessary to consider whether there is a clear agreement in the authorization-re-authorization. Generally speaking, it is not allowed unless there is an agreement or an emergency.
Legal objectivity:
Article 57 of the Civil Code of People's Republic of China (PRC) * * * A legal person is an organization with civil rights and capacity for civil conduct, which independently enjoys civil rights and undertakes civil obligations according to law. Article 58 of the Civil Code of People's Republic of China (PRC) was 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.