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Why are more and more bosses not acting as legal representatives?
Because the legal representative is subject to many restrictions, the company must find a legal representative in advance. Nowadays, more and more bosses are not the legal representatives themselves, but find someone to take the blame. If something goes wrong, they will be completely wiped out, and the legal risks will be borne by this legal representative. It's terrible to be uneducated, but it's even more terrible to not understand the law. Let's take a look at what the law stipulates. 1. What is a legal person
Legal representative is a clear legal concept derived from legal persons. A legal person is magical. Its name is a person but it is not a person. It is an organization that enjoys the qualifications of a civil subject. my country's "General Principles of Civil Law" and "General Principles of Civil Law" stipulate that: A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law.
Don’t you quite understand? Let me help translate it into Mandarin for everyone to see. This means that although a legal person is a social organization established in accordance with the law, it can enjoy civil rights and assume civil obligations in its own name just like you and me, natural persons of flesh and blood.
At present, my country's "General Principles of Civil Law" divides legal persons into two categories-enterprise legal persons and non-enterprise legal persons. Enterprise legal persons are easy to understand. Non-enterprise legal persons are government agencies, institutions and social group legal persons. I believe everyone can know the specific difference between them without me telling you. You taste it, you taste it carefully. 2. The "Birth" of the Legal Representative
After reading what happened to the legal representative above, everyone should be wondering how an organization actually operates things. Don't worry, at this time you need a spokesperson or a natural person to run errands. The Civil Law stipulates that a legal person itself cannot directly engage in civil activities. Its civil capacity is realized by its agencies or staff, such as its legal representative.
The legal representative, that is, the main person responsible for engaging in civil activities or litigation, exercising civil rights, and performing civil obligations on behalf of a legal person in accordance with the law, generally exists in a for-profit legal person institution. Generally speaking, this position is held by the director of the factory, the chairman or the executive director of the company's enterprise group. After all, the stakes are high. If the legal representative is unreliable, the entire company will suffer. 3. The world is declining and the legal representative is no longer the same
What is the purpose of opening a company or setting up a factory? For the rise of the Chinese nation? In order to help the motherland realize the four modernizations? In order to make the motherland the strongest in the universe? Of course you can say that, but I don't believe it.
It’s just for money, money, and soft girl coins.
You see, although internally the legal representative only works for the legal person, externally, the legal representative is the representative of the legal person, and his official behavior is the legal person's behavior, and all legal consequences are determined by The big boss behind the scenes is responsible for organizing the legal person. It can be said that the legal representative and the company both prosper and lose.
As the saying goes: "If you keep the green hills, you won't have to worry about running out of firewood." If the boss himself serves as the legal representative of the company, then if something goes wrong, both he and the company will be ruined. But what if you find an unlucky guy and serve as a puppet with a vacant job? If something happens, Jin Chan can escape from his shell, save himself and find a way out.
In recent years, many small company employees, and even factory security guards, have been tricked by their bosses into being used as back-up services for others. , even the boss’s wife, children, and parents don’t trust him. He gave me such an important position, which shows that I am still very good~ I am very important to the company, and this can’t happen without me~”
You are not really good, you are really stupid. What is a boss? It's a businessman! In order to make money, what legal loopholes do businessmen not dare to take advantage of? The more you don't let someone else be your legal representative, the more evil you feel.
So, if someone asks you to help serve as the legal representative of the company, no matter who he is, refuse to go three times in a row first, lest you sit at home and the pot comes from the sky.
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