Rights of a company as a legal person: The functions and powers of the legal representative are directly stipulated by laws and articles of association. Specifically, the functions and powers of the legal representative are:
(1) represents the rights of the company and signs legal documents. For example, when dealing with major issues of the company, the agent signs a power of attorney and makes a public statement for the company in newspapers and periodicals.
(2) The right to sign contracts on behalf of the company. In the process of concluding a contract, the signature of the legal representative is often the condition for the contract to take effect. The contract shall come into effect after the signature of the legal representative.
(3) When a company issues bonds or stocks, it must be signed by the legal representative and sealed by the company.
(4) The functions and powers stipulated by laws, administrative regulations and the articles of association. For example, presiding over shareholders' meetings and board meetings.
Obligations of the company as a legal person:
The legal representative of an enterprise shall exercise its functions and powers and perform its obligations within the scope of functions and powers stipulated in the laws, regulations and articles of association of the enterprise, participate in civil activities on behalf of the enterprise as a legal person, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities. The legal representative of an enterprise may entrust others to perform their duties. When the legal representative of an enterprise entrusts others to perform their duties, he shall entrust them in writing. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others. Generally, the legal representative of an enterprise shall not concurrently serve as the legal representative of another enterprise as a legal person. Due to special needs, they can only work concurrently in enterprises with affiliation or joint venture or investment, and they will be strictly examined by the competent department of the enterprise or the registration authority. The legal representative of an enterprise as a legal person is the signatory who exercises power on behalf of the enterprise. The signature of the legal representative shall be filed with the registration authority. The document signed by the legal representative is a legal document representing an enterprise as a legal person.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 57 A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law.
Article 58 A legal person shall be established according to law. A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations. The establishment of a legal person shall be approved by the relevant authorities in accordance with the provisions of laws and administrative regulations.
Derivative problem:
What needs to be changed after the change of company legal person?
Need to go to the bank to synchronize information changes. The change of a legal person refers to the change of its organization, name, domicile, business scope and other important matters after the establishment of a legal person. Description of the materials submitted by the legal representative for registration of name change, and the Application for Registration of Company Change signed by the legal representative of the company (with the official seal of the company). To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company. Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered. The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.