Legal representative. Everyone should have seen the business license. In the business license, there is a column for the legal representative. The legal representative cannot be replaced at will after being approved by the industrial and commercial bureau, but the legal representative is a natural person, such as the company's chairman and director.
Legal representative. The legal representative is also a natural person. If the unit wants to do something, it can send anyone in the unit to do it. As long as a written certificate (such as a power of attorney) is issued, anyone sent by the unit to handle affairs can be called a legal representative, and the unit can also change it at any time as needed.
All right, back to the point. What is the legal representative? What are the restrictions on the legal representative of the company?
The legal representative is the main person in charge of exercising civil rights and performing civil obligations on behalf of a legal person according to law. The legal representative of a company may be the chairman, executive director and manager of the company. Many people are also happy to be the legal representative of the company and call themselves legal persons (of course, this statement is wrong, legal persons are companies, not natural persons). But the legal representative of the company is very important, and not everyone can be it. The existing laws in China have many restrictions on the legal representative.
I'll pick a few here to talk about.
1, no capacity for civil conduct, limited capacity for civil conduct, the most common is minors, or adults with mental illness. , are considered to have no or limited capacity for civil conduct.
2. Those who have committed crimes of corruption, bribery, embezzlement and misappropriation of property, received criminal punishment or been deprived of political rights for less than five years, as for those who are wanted or imprisoned, of course not.
3. The enterprise has been bankrupt and liquidated, and has served as the relevant responsible person (for example, you have served as the director, director and manager of the bankrupt and liquidated enterprise), and you can no longer serve as the legal representative within 3 years; The original legal representative whose business license has been revoked due to violation of law cannot serve as the legal representative within 3 years.
4. Individuals who are burdened with a lot of debts and have not paid them off (of course, people who are in debt cannot be trusted).
5. Be responsible for major and especially major production safety accidents (similar to Tianjin Binhai Big Bang).
6. In the tourism industry, the person in charge of the travel agency whose tour guide card and travel agency business license have been revoked is less than 3 years since the date of revocation.
7. Directors, supervisors and senior managers of state-owned enterprises have been dismissed due to heavy losses of state-owned assets, and less than five years have elapsed since the date of dismissal.
8. He was sentenced to fixed-term imprisonment for food safety problems (inferior milk powder, blended wine, etc.). ).
9. The person in charge and other directly responsible personnel of an enterprise or other unit that produces and sells counterfeit and inferior drugs in serious cases can no longer serve as the legal representative within 10 years.
10. Business without relevant business license (Internet) shall be banned according to law, and the person in charge shall not be the legal representative for five years, such as black Internet cafes.
1 1. People with certain status (such as civil servants, civil servants who have resigned from public office for a certain number of years, full-time lawyers, etc.). ) unable to engage in business activities or become a legal representative due to full-time practice requirements.
In some cases where the company cannot be the legal representative, the actual restrictions will be more than these, including various industries. In fact, from the above summary, it is basically some restrictions on the behavior ability of natural persons and whether their past operations have violated the criminal law. For most law-abiding people, there is absolutely no need to worry.