Current location - Quotes Website - Personality signature - Can a natural person be the legal representative of several companies at the same time and use the company seal? What is its legal basis?
Can a natural person be the legal representative of several companies at the same time and use the company seal? What is its legal basis?
There is no limit to the number of legal representatives of natural persons, and the seal of the same legal representative's name is also acceptable. The company law only stipulates that a natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company, and there is no upper limit on the number of natural persons who can act as legal representatives. Similarly, there is no stipulation that multiple companies cannot use the seal of the same legal representative.

Legal analysis

Company law is a typical private law. For private law, the law pursues "no prohibition, no prohibition", which means that as long as there is no prohibition, the law can do anything. Regarding the restrictions on the establishment of companies by natural persons, the company law only clearly stipulates that natural persons can only invest in the establishment of one-person limited liability companies. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company. In addition, there is no prohibition, so a natural person can set up an unlimited number of companies except one-person companies.

The legal representative is a person who exercises some functions and powers on behalf of a legal person. The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person according to the will of the legal person. Its seal is one of the documents representing personal identity and will expression. Since the "Company Law" does not prohibit individuals from acting as company representatives, the seal representing the same person's signature and expression of will can of course be used, as long as the seal can be guaranteed to be true and effective. Under this premise, the seal of the same legal representative can also be used.

legal ground

Article 58 of the Company Law of People's Republic of China (PRC) * * * A natural person can only invest in establishing a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.

Article 61 of the Civil Code of People's Republic of China (PRC) According to the provisions of the law or the articles of association of a legal person, the person in charge of civil activities on behalf of a legal person is the legal representative of the legal person.

The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.

The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart.

Article 62 If a legal representative causes damage to others when performing his duties, the legal person shall bear civil liability.

After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.