What do legal persons, legal representatives and corporate legal persons mean, and what are the differences? A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. A legal person is different from a natural person in that it is an inanimate social organization. The essence of a legal person is the legal personification of a certain social organization.
An enterprise legal person is an economic organization with independent property stipulated by the state, a sound organizational structure, articles of association and a fixed location, and the ability to independently assume civil responsibilities, enjoy civil rights and bear civil obligations.
A legal representative generally refers to a person who holds a certain position according to the internal regulations of a legal person or is appointed by the legal representative to represent the legal person externally to perform civil rights and obligations in accordance with the law. It is not an independent legal concept.
Difference:
A legal representative is a natural person. For example, you can become a legal representative of a company, but you cannot become an enterprise legal person; an enterprise legal person refers to someone who has A social and economic organization is an organization that meets the statutory conditions such as the amount of funds, company name, articles of association, organizational structure, and domicile stipulated by national laws, is able to independently bear civil liabilities, and has obtained legal person status upon approval and registration by the competent authority. What is the difference between a corporate legal person and a corporate legal representative?
A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. An enterprise legal person is an economic organization with independent property stipulated by the state, a sound organizational structure, articles of association and a fixed location, and the ability to independently assume civil responsibilities, enjoy civil rights and assume civil obligations. In our country, companies, farmers' joint-stock cooperative enterprises, and other enterprises (such as some township and village enterprises) that have the qualifications of legal persons and are established in accordance with the "Regulations on the Registration and Management of Enterprise Legal Persons" but do not implement the corporate system are all considered corporate legal persons. What is the difference between a corporate legal person and a legal representative? Please answer
1. What is a corporate legal person? The "General Principles of Civil Law" stipulates: "In accordance with the provisions of the law or the articles of association of a legal person, the person in charge who exercises authority on behalf of the legal person is the legal representative of the legal person." This means that as the legal representative, he must be the person in charge of the legal person organization and be able to represent the legal person. Exercise authority. The legal representative can be the director or manager of the factory, or the chairman or chairman of the board of directors. This mainly depends on the provisions of the law or the articles of association. The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person in accordance with the will of the legal person. The legal representative is responsible for organizing and leading production and business activities within the enterprise; representing the enterprise externally, he has full authority to handle all civil activities. The power of the legal representative is conferred by the legal person, and the legal person bears civil liability for the normal activities of the legal representative. However, if the representative's behavior exceeds the scope of rights granted by the legal person, the legal person may bear responsibility for it. 2. What is the difference between a legal representative and a legal representative? Legal representative and legal representative are two different legal concepts, and some litigants often confuse the meaning of the two. There is a difference between them. 1. The two concepts are different: a legal representative generally refers to a person who holds a certain position according to the internal regulations of the legal person or is appointed by the legal representative to represent the legal person externally to perform civil rights and obligations in accordance with the law. It is not an independent legal concept. The legal representative is a definite legal concept. It refers to the person in charge who exercises authority on behalf of the legal person in accordance with the law or the articles of association of the legal person. He is the legal representative of the legal person. If there is no official position, the deputy person in charge of the work shall serve as the legal representative. The representative is a legal person with a board of directors, and the chairman of the board is the legal representative. For a legal person without a chairman, the person in charge authorized by the board of directors can serve as the legal representative of the legal person. 2. The two methods of creation are different: legal representatives are generated according to the authorization of the legal representative. Without the authorization of the legal representative, the legal representative cannot be generated, and the legal representative is appointed by the superior in accordance with the law or by the enterprise authority in accordance with legal procedures. elected. 3. The two have different numbers of people: a legal person as the subject of civil rights can have multiple legal representatives, while a legal person has only one legal representative to independently exercise the legal person's powers on behalf of the legal person.
4. The powers of the two are different: the external exercise of power by a legal representative is restricted by the authorization of the legal representative. He can only carry out external activities on behalf of the legal person within the scope of duties authorized by the legal representative. His actions are not the actions of the legal person itself. Instead, it has direct legal effect on the legal person; and the legal representative has the right to directly represent the legal person to exercise its powers externally within the scope of powers stipulated by the law. 5. The legal procedures for changes between the two are different: there is no certain procedure for the change of a legal representative, and he does not need to register; while the legal representative is one of the matters that a legal person should register. This is a necessary procedure stipulated by the law. If there is a change, The registration procedures for changing the legal representative should be completed in a timely manner. The chairman must be a shareholder, and the methods for selecting the chairman and vice-chairman shall be stipulated in the company's articles of association. The legal representative of a company is the chairman, executive director or manager in accordance with the company's articles of association, and is registered in accordance with the law. It does not necessarily have to be a shareholder. What is the difference between a legal representative and a legal representative and an enterprise legal person
For a legal representative, first the enterprise must have legal person qualifications, and then there is a person in charge, who is the legal representative
Legal representative , a company may not have legal person status, but he still represents the company
A corporate legal person needs certain qualifications. Please check Baidu Encyclopedia for details about the difference between a corporate legal person and a legal representative. Please ask the experts
< p> A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. A legal person is different from a natural person in that it is an inanimate social organization. The essence of a legal person is the legal personification of a certain social organization. The difference between an enterprise legal person and a legal representativeAn enterprise legal person refers to the enterprise itself, that is, the economic organization. The legal representative refers to the representative of the enterprise legal person. The legal representative refers to the natural person who represents the enterprise legal person without additional authorization as the ex officio representative prescribed by law, such as the chairman of the board of directors of a limited company, the director or manager of a general legal person enterprise, etc. What is the difference between suing a legal representative of an enterprise and suing an enterprise?
The legal representative is a natural person. He is the person responsible for the enterprise. When the company has legal disputes, he will be responsible for all legal affairs. If only the legal representative is sued, it is only his personal behavior. If you have a dispute with the entire enterprise, you still have to sue the enterprise, name the enterprise as the defendant, and indicate who the legal representative is. The difference between the enterprise legal person and the legal person. The difference between the enterprise and the legal representative
The enterprise legal person refers to the enterprise itself. That is, the economic organization. A legal representative refers to the representative of an enterprise's legal person. The legal representative refers to the natural person who represents the enterprise's legal person without additional authorization as an ex officio representative specified by law, such as the chairman of a limited company, the director or manager of a general legal person enterprise, etc. What does the legal person on the business license mean? What is the difference between a legal person and a legal representative?
1. Legal person
According to Article 57 of the "General Principles of the People's Republic of China and Civil Law", a legal person refers to an independent unit. Legally, a unit is regarded as As a legal person, he has his own finances and honors just like a natural person. The most common ones are companies, such as limited liability companies, joint stock companies, etc.
2. Legal representative
Legal representative is just a general term, which means that a person is a representative of a certain enterprise or unit. In this case, Article 49 of the "Civil Procedure Law of the People's Republic of China" stipulates that the unit must issue a written power of attorney so that this person's behavior will not cause the unit to deny the account in the future.
For example, if the unit wants to do something, the unit can send anyone from the unit to do it. As long as a written certification document is issued (such as a power of attorney, etc.), then anyone sent by the unit to do the thing can You can call the legal representative, and the unit can also change it at any time as needed.
The difference between the two is that the legal person represents the company at all times, and the legal representative represents the legal person in certain places through a written authorization.
Extended information:
Legal representative: "General Principles of Civil Law" stipulates: "In accordance with the provisions of the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person. . "This means that as a legal representative, you must be the person in charge of the legal person organization and be able to exercise authority on behalf of the legal person.
The legal representative can be the director or manager of the factory, or the chairman or chairman of the board of directors. This mainly depends on the provisions of the law or the articles of association.
The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person in accordance with the will of the legal person.
The legal representative is responsible for organizing and leading production and business activities within the enterprise; externally, he represents the enterprise and has full authority to handle all civil activities. The power of the legal representative is conferred by the legal person, and the legal person bears civil liability for the normal activities of the legal representative. However, if the representative's behavior exceeds the scope of rights granted by the legal person, the legal person may bear liability for it.
China Law Network The significance of business license What is the relationship between corporate legal persons and corporate legal representatives
First, many people often confuse legal persons and legal representatives.
We often hear people say "so-and-so is the legal person of a certain unit". This means that they fail to understand the difference between a legal person and a legal representative, and mistakenly mistake the legal representative of a certain unit for a legal person.
2. What is a "legal person"
Legal person:
According to the general principles of civil law in my country, a legal person refers to a person who has the capacity for civil rights and civil conduct and independently enjoys civil rights in accordance with the law. and organizations with civil obligations. The provisions here are quite clear: a legal person is an organization, not a certain person or the leader of a certain chapter.
3. What is a "legal representative (legal representative)"
A legal representative is a legal representative (this article does not make further distinctions between legal representatives and legal representatives. According to common sense, Both are consistent).
According to the General Principles of Civil Law, the legal representative refers to the person in charge who performs duties on behalf of the legal person in accordance with the provisions of the law or the legal person's articles of association. A legal representative is an organ of a legal person and a natural person.
Fourth, many people still cannot distinguish the relationship between the legal representative and the legal person he represents in bearing civil liability.
There once was such a ridiculous thing. A certain corporate legal person applied for a credit card from a bank and handed it to the legal representative to handle business for the company. The legal representative overdrafted 20,000 yuan to handle corporate affairs. When the business later closed, the bank failed to collect the money owed. After the company closed, the bank appointed a lawyer to demand payment from the company's original legal representative. The reason was that the credit card was used by the legal representative, and when applying for the credit card, there was also the signature of the legal representative.
This confuses the civil responsibilities of legal persons and legal representatives. As an organization, a legal person can only be represented by its organs in conducting civil acts. The legal person should perform duties for its legal representative and other staff. The general principles of civil law have clear provisions on this point. So what the bank did was wrong. This is true whether it is a private company or a state-owned company.
Of course, if it is a sole proprietorship, partnership or individual industrial and commercial household, the situation is different, because such an organization is not a "legal person", which means that these organizations are not like the second article of this article. "Independently enjoying civil rights and assuming civil obligations in accordance with the law," the debts of these organizations should be repaid with the property of these organizations and the property of the founders.