What role does the legal representative of the enterprise play in the enterprise?
The legal representative represents the interests of the enterprise as a 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; Represent enterprises abroad and handle all civil activities with full authority. The power of the legal representative is endowed by the legal person, who bears 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 liable for it. Legal representative and legal agent are two different legal concepts, and some litigants often confuse their meanings. There is a difference between the two. First, the concepts of the two are different: the legal representative generally refers to a person who holds a certain position according to the internal articles of association of a legal person or is appointed by the legal representative to exercise civil rights and obligations on behalf of a legal person. It is not an independent legal concept. Legal representative is a clear legal concept, which refers to the person in charge who exercises functions and powers on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person. If there is no full-time person, the deputy in charge of the work shall serve as the legal representative, and if there is a legal person with a board of directors or a legal person without a chairman, the responsible person authorized by the board of directors shall serve as the legal representative. Second, the two are produced in different ways: the legal representative is produced according to the authorization of the legal representative. Without the authorization of the legal representative, the legal representative cannot be produced, and the legal representative is appointed by the superior according to law or elected by the enterprise authority according to legal procedures. Third, the number of people who make up the two is different: as the subject of civil rights, a legal person can have more than one legal representative, while a legal person has only one legal representative to exercise its functions and powers independently on behalf of the legal person. Fourth, the authority of the two is different: the legal representative's external exercise of power is limited by the legal representative's authorization, and he can only carry out external activities on behalf of the legal person within the scope of duties authorized by the legal representative, and his behavior is not the legal person's own behavior, but has direct legal effect on the legal person; The legal representative has the right to directly exercise his functions and powers on behalf of the legal person within the scope of functions and powers prescribed by law. Five, the legal procedures for the change of the two are different: there is no certain procedure for the change of the legal representative, and he does not need to register; The legal representative is one of the items that a legal person should register, and it is a necessary procedure stipulated by law. If there is any change, the legal representative shall be registered in time. The chairman must be a shareholder, and the method for selecting the chairman and vice chairman shall be stipulated in the articles of association. 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, and may not necessarily be a shareholder.