Many people want to start their own companies. On the business license of the company, there is a column of company legal person. Some companies are the names of the company's founders, and some companies are the names of the company's partners. We all know that everything has its pros and cons, and there are pros and cons to being a legal person of a registered company. Next, the second brother of the enterprise will introduce the pros and cons of being a legal person of a company.
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First of all, let's talk about the disadvantages, and then talk about the advantages. First bitter, then sweet.
Disadvantages of enterprise legal person:
1. Generally, the legal representative of an enterprise shall not concurrently serve as the legal representative of another enterprise legal person. In case of special needs, a part-time job can only be held in an enterprise that has a subordinate relationship or a joint venture, or has invested in shares, and it shall be strictly examined by the competent department of the enterprise or the registration authority.
2. If the legal representative of a one person company, as a shareholder of the company, cannot prove that the company's property is independent of his own property, he shall be jointly and severally liable for the company's debts.
3. If the company does not repay the arrears, the legal person does not need to bear the responsibility, but there is evidence to prove that the legal person needs to bear joint and several liability, or even be subject to criminal punishment, for the debts arising from the improper behavior of the legal person.
Benefits of legal persons:
Generally speaking, as the legal representative of the company, there will be certain shares and dividends. In addition, the legal representative has the following rights:
1. The legal representative of an enterprise legal person is the signatory who exercises authority on behalf of the enterprise.
2. Generally, the legal representative of an enterprise shall not concurrently serve as the legal representative of another enterprise legal person. In case of special needs, a part-time job can only be held in an enterprise that has a subordinate relationship or a joint venture, or has invested in shares, and it shall be strictly examined by the competent department of the enterprise or the registration authority.
3. The signature of the legal representative shall be filed with the registration authority. The document signed by the legal representative is a legal document representing an enterprise legal person.
4. The legal representative of the enterprise shall exercise his/her powers and perform his/her obligations within the scope of functions and powers stipulated by the national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the enterprise legal person, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities.
5. The legal representative of an enterprise may entrust others to perform his duties on his behalf. When the legal representative of the enterprise entrusts others to perform duties on his behalf, he shall have a written authorization. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others.
Entrepreneurship is risky, so you need to be cautious when entering the industry. The second brother of the enterprise wishes all entrepreneurs a prosperous business.