A legal person is an organization, not a person!
A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently 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.
Generally speaking, it is an organization. Legally, the unit is a person, so there is a legal person. The most common companies are "legal persons", such as limited liability companies, joint stock companies and farmers' professional cooperatives. And partnerships, sole proprietorships and self-employed individuals are not legal persons.
Second, the legal representative is an agent!
The legal representative is the agent authorized by the legal person/legal representative to handle one or several affairs.
If the unit wants to do something, it can send anyone in the unit to do it. As long as written documents (such as power of attorney, etc. ) are issued, all units sent to handle affairs can be called legal representatives, and units can also be replaced at any time as needed. This agent can be a or b, and he is not fixed, depending on the authorization of the person.
Third, the legal representative is the main person in charge of the company!
The legal representative refers to the person in charge who exercises the 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.
Everyone should have seen the business license. In the business license, there is a column for the legal representative. After the approval of the industrial and commercial bureau, the legal representative cannot be replaced at will, such as the chairman and director of the company.
In any of the following circumstances, he shall not be the legal representative, and the enterprise registration authority shall not approve the registration:
(1) Having no or limited capacity for civil conduct;
(2) A criminal penalty or criminal compulsory measure is being executed;
(3) Being wanted by the public security organ or the state security organ;
(4) Being sentenced to punishment for committing crimes of corruption and bribery, property infringement or disrupting the order of the socialist market economy, and the execution period has not exceeded five years; Being sentenced to punishment for committing other crimes, and the execution period has not exceeded three years; Or was sentenced to deprivation of political rights because of a crime, and the execution period did not exceed five years;
(5) Being the legal representative, director or manager of an enterprise that went bankrupt and liquidated due to poor management, and being personally responsible for the bankruptcy of the enterprise, and less than three years have passed since the end of the bankruptcy liquidation of the enterprise;
(6) Being the legal representative of an enterprise whose business license has been revoked due to violation of laws, and being personally liable for the illegal acts of the enterprise, and less than three years have passed since the date of revocation of the business license of the enterprise;
(seven) the amount of personal debt is large, and it has not been paid off at maturity;
(eight) there are other circumstances in which the legal representative shall not be served as the legal representative as stipulated by laws and the State Council.
Summary:
A legal person is an organization, not a person!
The legal representative is the main person in charge!
The legal representative is the agent!