(A) the concept is different
1. An enterprise legal person mainly refers to an organization with capacity for civil rights and capacity for civil conduct, usually an independent unit that can independently undertake civil obligations, and the most common one is a company.
2. The legal representative of an enterprise refers to the person in charge who exercises functions and powers on behalf of the enterprise as a legal person, and is the legal representative of the enterprise as a legal person, mainly the person in charge who submitted the record to the government when the enterprise as a legal person was established. You can't change it at will after approval.
3. The legal representative of the enterprise shall issue a written power of attorney. A representative sent by an enterprise or unit to handle affairs cannot produce a legal representative without the authorization of the legal representative of the enterprise.
(2) Different authorities
The legal representative of an enterprise shall be authorized by the legal representative when exercising power, and can only carry out activities on behalf of the legal person within the scope authorized by the legal representative of the enterprise. This behavior is not the behavior of the legal person itself, but it has direct legal effect on the legal person; The legal representative of the enterprise directly exercises its functions and powers on behalf of the legal person, but within the scope of functions and powers prescribed by law.
(3) Different modes of production
The legal representative of an enterprise shall be produced by a legal person or authorized by the legal representative. Without the legal representative of the enterprise or the authorization of the legal representative of the enterprise, the legal representative cannot be produced; The legal representative is appointed by the superior or elected by the competent department of the enterprise.
(4) The change procedures are different.
The change of the legal representative of an enterprise does not need to be registered, but the change of the legal representative of an enterprise needs to be registered.
(5) Different legal responsibilities.
The losses or legal consequences caused by the legal representative of the enterprise shall be borne by the legal person, and the losses caused beyond the authorized scope shall be borne by the legal representative himself; An enterprise as a legal person is an organization such as a company, and its legal representative and legal representative are natural persons who exercise their functions and powers on behalf of the company.
Legal basis: Article 3 of People's Republic of China (PRC) Company Law 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 13 of People's Republic of China (PRC) Company Law The legal representative of the 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.
Validation of laws and regulations: June 2024 17