Legal representative of baishike Mining Machinery Co, Ltd

1. it will be. The so-called legal person is the person who bears all legal responsibilities. What's the problem then. The first one must be the legal person first

2.

Q: Hello, I am a 100% shareholder of a limited liability company, and then the legal representative and the chairman of the board of directors are not themselves. What is the legal risk to me

A: Jun Tong legal online consulting will answer for you

the chairman of the board of directors is elected by the board of directors of the company, not necessarily by the shareholder with the largest capital contribution. Generally, when a small enterprise does not set up a board of directors, it will set up an executive director. Article 51 of the company law of the people's Republic of China: a limited liability company with a small number of shareholders and a small scale may set up an executive director instead of a board of directors. The executive director may concurrently serve as the manager of the company. The functions and powers of the executive director shall be prescribed by the articles of association with reference to Article 46 of the company law of the people's Republic of China. Where there is no board of directors in a limited liability company, the executive director shall be the legal representative of the company

3. A debt dispute is not based on whether it is a company legal person, but on the property of the person to be executed. But its property is enterprise shares, so it should be cashed out according to the company law to pay its debts. I suggest you consult a lawyer or the Executive Board of the court to protect your rights according to law!

4. You can't sign it. If you can't repay the loan, you are a legal person, and you must bear the responsibility. If you have to sign it, you propose to replace the legal person first, and you can't bear such a big responsibility. For example, shareholders who are not legal persons but allow ordinary employees without shares to act as legal persons are afraid of taking responsibility for themselves and have planned for the layout of throwing away the pot.

5. The company belongs to me, and the equity belongs to me. Then I hire a professional manager as the legal representative,
but it's me who counts, and the legal representative is my puppet
because a legal person is equivalent to the person in charge of the enterprise, or the legal subject of the enterprise. Legally, the enterprise is yours. If there are any problems with the enterprise, such as debts and violations of laws, the first thing to do is to find your legal person

you said that you are not an investor and do not make any decisions in the company. I'm sorry, that would not be accepted unless you signed a perfect agreement before (this loophole is too big, even if you signed it, you would quarrel for a long time when there is a problem, and the outcome is hard to say)
as for why the investor does not act as a legal person, it's very simple to evade responsibility, When something goes wrong, it's all the business of a legal person, and investors don't have to be held responsible
to avoid some risks, find a lawyer, sign the agreement, and then notarize at the notary office< br />

6. Because of the strong characteristics of partnership, the harmonious relationship between partners is very important for the enterprise. The legal relationship between the partner's wife and the enterprise belongs to the labor contract. Although the legal representative has the relevant authority for the daily operation of the enterprise, the termination of the labor contract should be handled according to the labor contract. I personally suggest that you can improve the system of commuting, strengthen the labor intensity and adjust the salary, In order to achieve the purpose of voluntary resignation, so as to promote the harmony of the relationship between the partners, ensure the normal operation of the enterprise, will not let the relationship between the partners may be affected by the dissolution of the partner's wife contract.

7.

legal representative and legal representative are two different legal concepts. The legal representative can also be called the authorized representative of the legal person. This representative can be either Party A or Party B. He is not fixed, but depends on the authorization of the legal person. This authorization can be one thing one authorization or a package of authorization. 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 According to the general principles of the civil law, "the person in charge who exercises functions and powers on behalf of a legal person is the legal representative of the legal person in accordance with the law or the articles of association of the legal person." The legal representative can be the director or manager of the factory, or the chairman or director of the board of directors, which mainly depends on how the law or the articles of association stipulate. The legal representative represents the interests of the enterprise legal person and exercises the rights of the legal person according to the will of the legal person. It can be seen that the legal person of a company can represent the company. Legal basis: Article 38 of general principles of civil law of the people's Republic of China? According to 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

8. The legal representative of a company is usually the chairman or general manager of the company< According to Article 147 of the company law of the people's Republic of China:
under any of the following circumstances, a person shall not be a director or senior manager of the company:
(1) having no or limited capacity for civil conct< (2) he has been sentenced to criminal punishment for corruption, bribery, embezzlement of property, misappropriation of property or destruction of the order of socialist market economy, and the period of execution has not exceeded five years; or he has been deprived of political rights e to a crime, and the period of execution has not exceeded five years
(3) being a director or factory director or manager of a company or enterprise undergoing bankruptcy and liquidation, and being personally responsible for the bankruptcy of the company or enterprise, less than three years have passed since the date of bankruptcy and liquidation of the company or enterprise< (4) having served as the legal representative of a company or enterprise whose business license has been revoked or ordered to close down e to violation of the law, and being personally responsible, less than three years have passed since the date of revocation of the business license of the company or enterprise< (5) a large amount of personal debt is overe
if the company elects or appoints directors or employs senior managers in violation of the provisions of the preceding paragraph, the election, appointment or appointment shall be invalid
the company shall remove the directors and senior managers from their posts in case of any of the circumstances listed in the first paragraph of this article.

9. Do you mean that the company owes debts and the property of the company is not enough to repay the debts? Do you want the sole shareholder to repay the debts with personal assets
it needs to be proved that the company's financial situation is chaotic, and the company's assets are indistinguishable from the boss's personal assets.

10.

Legal persons should be held responsible whether they are registered or not

As the "legal representative" of a limited liability company with more than two shareholders, when the company is in debt to the outside world, it has no relationship with itself, and only undertakes the repayment responsibility to the outside world to the extent of the company's own property. At this point, the risk is small

As the "legal representative" of the sole proprietorship enterprise, when the company is in debt to the outside world, it has to bear the responsibility of repayment with all its personal property. At this time, the risk is relatively large

As the "legal representative" of a one person limited liability company, when the company is in debt to the outside world, in principle, it is only limited to the company's property, but if it is impossible to distinguish between the company's property and the shareholder's personal property, the shareholder may be liable for the company's debt

Secondly, in criminal cases, if the company acting as the legal representative commits economic crimes, such as defrauding bank loans, insurance money, illegal fund-raising, etc. At this time, as a legal representative, if he knows this situation well, he may have to bear criminal responsibility

extended data:

the relationship between legal person responsibility and external personal responsibility:

(1) whether the legal representative and other staff members bear personal responsibility for their ty behavior is based on whether they are negligent in performing their ties. Only in case of negligence can an indivial be held responsible

(2) the liability for breach of contract can only be borne by the legal person, not by the legal representative and other staff. In law, the so-called responsibility is not only based on the existence of obligation, but also occurs when the obligor fails to perform the obligation. Therefore, the scope of obligation is related to the scope of responsibility

both the labor contract and the collective contract are always signed in the name of the legal person, so the legal person can only bear the obligations and the legal liabilities arising therefrom

(3) in the case of explicit provisions in the law, indivial talents should bear external responsibility. According to China's labor law, the legal representative and other staff members can directly bear personal responsibility only if they cause serious personal injury to the workers