Running a company is not only about employees but also about working capital. Some companies separate the legal person from the actual operator. The legal person only has shares but needs to bear legal liability if the company has problems. Then, what are the conditions and responsibilities of the company's legal representative? The second brother of the enterprise will answer the questions for the readers.
The conditions are as follows:
1. Have full civil capacity;
2. There is an official or temporary household registration in the place where the enterprise is located;
3. Have the ability to manage the enterprise and relevant professional knowledge;
4. Engaging in the production, operation and management activities of the enterprise;
5. The resulting procedure complies with the provisions of national laws and the articles of association of the enterprise;
6. Documents conforming to other relevant regulations.
After reading the conditions of the company's legal representative, let's go on to look at the responsibilities of the legal representative.
1. Civil liability: It refers to the legal liability that should be borne in case of violation of civil law. In principle, the duty behavior of the company's legal representative represents the company's behavior and has the attribute of overall will. However, since the legal representative of the company must be a natural person, a natural person has his own private interests, and it is possible to act for his own interests. As mentioned above, when the legal representative of the company represents the whole company and has a legal relationship with the outside world, the law believes that it has the attribute of overall will, so it is in principle regarded as a corporate act, so it is difficult to investigate the civil liability of the legal representative of the company as a natural person, which is generally borne by the enterprise.
2. Administrative and criminal responsibilities: administrative responsibilities refer to the legal responsibilities that should be borne by administrative organs for punishment in violation of the corresponding laws and regulations. Criminal responsibility refers to the criminal responsibility for violating the relevant laws and regulations of the criminal law and should bear the penalty.
3. Other common criminal liabilities: the legal representative of the company may violate the criminal law and be subject to criminal sanctions due to his own reasons or the company's reasons. If an illegal act is usually committed in the name of the unit according to the will of the unit, it will constitute a unit crime in most cases. The unit crime will not only punish the unit, but also impose a fine on the unit. In many cases, the person in charge and the main person in charge will be held accountable. In the criminal law of our country, the single punishment system and the double punishment system are applied to unit crimes. That is, some unit crimes only investigate the responsibility of the unit, some unit crimes only investigate the responsibility of the person in charge and the main responsible person, and some unit crimes both investigate the responsibility of the unit and the person in charge and the main responsible person. Most of the legal representatives of enterprises are the persons in charge of enterprise affairs, so once they constitute a unit crime, they will be blamed.
The legal representative must be the person in charge of the legal person organization and be able to exercise functions and powers on behalf of the legal person. The General Principles of the Civil Law stipulates: "According to the law or the articles of association of the legal person, the person in charge of exercising authority on behalf of the legal person is the legal representative of the legal person. The above is what the second brother of the enterprise introduced, hoping to help everyone.