Shareholders are investors or investors of joint-stock companies. According to the status of shareholders, it can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy shareholder rights. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectively, all kinds of non-profit legal persons and funds and other institutions and organizations. Individual shareholders refer to ordinary natural person shareholders. Shareholders are shareholders of a joint stock limited company or a limited liability company, and have the right to attend the shareholders' meeting and have the right to vote. They also refer to investors in other joint ventures.
The legal representative refers to the main person in charge (such as the factory director, chairman of the company, etc.). A person who exercises civil rights and performs civil obligations on behalf of a legal person according to law. The internal relationship between the legal representative and the company legal person is often a labor contract relationship, so the legal representative belongs to the category of employees. However, in terms of foreign relations, when a legal representative conducts civil activities in the name of a legal person, the relationship between him and the legal person is not an agency relationship, but a representative relationship, and his representative authority comes from the explicit authorization of the law, so he does not need a power of attorney from the legal person. Therefore, the legal representative's external duty behavior is a legal person's behavior, and the consequences shall be borne by the legal person. In addition, a legal person may not oppose a bona fide third party by limiting the internal authority of the legal representative.
Whether the shareholders in the case of illegal fund-raising bear criminal responsibility depends on whether they participate in the crime. If only the shareholders are unaware of illegal fund-raising, they are not accomplices in the crime, and they have not sheltered the criminal suspects, which does not meet the constitutive requirements of the crime and does not bear criminal responsibility.
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 responsible for it.
Article 25 of the Criminal Law of People's Republic of China (PRC) stipulates that * * * joint crime means that two or more persons intentionally commit joint crime.
If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.
Article 30 of the Criminal Law of People's Republic of China (PRC) stipulates that companies, enterprises, institutions, organs and groups that commit acts that endanger society shall bear criminal responsibility if the law stipulates that it is a unit crime.
Article 31 of the Criminal Law of People's Republic of China (PRC) stipulates that if a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.