According to the definition of Chapter 1 and Article 13 of the Company Law of the People's Republic of China, the legal representative of a company shall be the chairman, executive director or manager of the company in accordance with the rules of the articles of association, and shall be cancelled according to law.
From the above definition, we can know that the legal representative must take office in the company. He can be a shareholder, or not a shareholder, or a practical controller of the company, or not.
So, what are the requirements for a legal representative?
Firstly, a person who has no civil capacity or who has limited civil capacity can not act as a civil capacity.
Secondly, because of embezzlement, bribery, bribery, embezzlement of wealth, misappropriation of wealth or destruction of the order of socialist market economy, they are sentenced to punishment, whose execution period is less than five years, or deprived of political rights and interests for meritorious service, and whose execution period is less than five years.
Thirdly, a person who is a director or director or manager of a company or enterprise in bankruptcy liquidation and who is personally liable for the bankruptcy of the company or enterprise cannot serve for less than three years from the date of the bankruptcy liquidation of the company or enterprise.
Fourthly, those who have served as the legal representative of a company or enterprise that has been revoked or ordered to close because of illegal operation and who have personal obligations cannot serve as the legal representative of the company or enterprise for less than three years from the date of revocation of the suspension license of the company or enterprise;
Fifth, a person who has a large amount of debt that is not liquidated at maturity cannot assume it.
The position of legal representative is very important for a company. It presents the above situation.
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