The legal person shareholding provisions of joint-stock companies are as follows: According to the Company Law, the legal representative of the company is stipulated in the articles of association. He can serve as the chairman and executive director of shareholders, or as the company manager of non-shareholders. For shareholders who are legal representatives, there is no legal restriction on the shareholding ratio, and it can be any amount.
2. What obligations should a company undertake as a legal person?
1. The legal representative of an enterprise should bear different legal responsibilities on different occasions.
For example, in the case of representing an enterprise, its personal signature will lead to the consequences of the enterprise taking responsibility; If the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the enterprise in the future; If an enterprise violates the relevant laws and regulations, it may restrict the person of the legal representative. If it refuses to execute the court judgment, the legal representative will be detained; If a legal person commits a crime, the legal representative will be subject to criminal punishment, and so on. The above is just a list, not complete.
2. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, unless the legal representative has dereliction of duty, the severity reaches the level of criminal law investigation or administrative sanctions should be given;
3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.
Third, related content expansion.
1. According to Article 57 of the Company Law of People's Republic of China (PRC), the legal representative of a company or enterprise whose business license has been revoked due to violation of the law shall not serve as a director, supervisor or manager of the company if he is personally responsible for the illegal acts of the enterprise.
2. The Regulations of the State Administration for Industry and Commerce on the Administration of Registration of Legal Representatives of Enterprises as Legal Persons also clearly stipulates that the legal representative of an enterprise whose business license has been revoked due to violation of the law shall not be the legal representative of other enterprises.
3. It is forbidden to serve as a legal representative in the same situation as it is forbidden to serve as a director or supervisor, that is, if a person is sentenced for committing the crime of corruption, bribery, embezzlement and misappropriation of property or disrupting the order of the socialist market economy (mainly economic crimes), he shall not serve as a legal representative within 5 years from the date of expiration of his sentence.
A joint-stock company can hold any proportion of shares as a legal person, and it is also flexible to the candidates of the company as a legal person, which can be the shareholders, the chairman of the board, or the senior managers such as the company manager who has no shares. The legal person of a company is very important and has certain decision-making power, which can be changed when the company changes.
Extended reading:
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