What is the legal person of the property company?

We all know whether a company usually has its own legal person, and of course property companies are no exception. How is the legal person of the property company determined? What are the most basic characteristics of a legal person and what responsibilities do you need to bear? Let's give you a detailed introduction to what is a property company legal person. 1. What is the legal person of the property management company?

Property legal person refers to a legally registered property company, which engages in property management activities and undertakes civil obligations in accordance with the articles of association. According to the Regulations on Property Management, an enterprise engaged in property management activities shall have the qualification of an independent legal person.

Legal basis:

Article 13 of the Company Law of People's Republic of China (PRC)

The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.

Article 32 of the Regulations on Property Management

Enterprises engaged in property management activities shall have independent legal personality.

The State Council construction administrative departments shall, jointly with relevant departments, establish a joint incentive mechanism for trustworthiness and a joint disciplinary mechanism for dishonesty, and strengthen the integrity management of the industry.

Second, the connotation of legal person

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. The essence of a legal person is that a legal person can have the same civil rights as a natural person and become a civil subject with rights and obligations. The Civil Code divides legal persons into profit-making legal persons, non-profit legal persons and special legal persons according to their different purposes of establishment.

Third, the classification of legal persons.

In the Civil Code, legal persons are divided into profit-making legal persons, non-profit legal persons and special legal persons.

(1) for-profit legal person

For-profit legal person refers to a legal person established for the purpose of obtaining profits and distributing them to shareholders and other investors, including limited liability companies, joint stock limited companies and other corporate legal persons. A profit-making legal person registered and established according to law. Enterprise as a legal person is a kind of operating social and economic organization, which is engaged in production, circulation and science and technology, and aims at obtaining profits, increasing accumulation and creating social wealth. According to the current civil legislation, there are three ways to classify enterprise legal persons in China: first, according to the nature of ownership, enterprise legal persons are divided into state-owned enterprise legal persons, collective enterprise legal persons, private enterprise legal persons and mixed ownership legal persons; Second, according to whether there is foreign investment, the enterprise legal person is divided into Chinese-funded enterprise legal person and foreign-invested enterprise legal person; Third, according to the combination form of enterprises, enterprises are divided into single enterprise legal person, joint venture legal person and company legal person. In China, enterprise legal person is a profit-making enterprise legal person. Companies are divided into limited liability companies and joint-stock companies.

(2) Non-profit legal person

Non-profit legal person refers to a legal person established for public welfare or other non-profit purposes and does not distribute profits to investors, promoters or members, including institutions, social organizations, foundations and social service institutions. Institutions that meet the requirements of legal person and provide public welfare services to meet the needs of economic and social development are registered and established according to law, and have obtained the legal person status of institutions; If it is not necessary to register as a legal person according to law, it shall have the legal person status of a public institution from the date of its establishment. A social organization that meets the conditions of a legal person, is established for non-profit purposes such as public welfare or the same interests of its members on the basis of the consent of its members, and is registered and established according to law, and has obtained the legal person status of a social organization; If it is not required to be registered as a legal person according to law, it shall have the qualification of a social organization as a legal person from the date of its establishment. Foundations, social service organizations, etc. , with legal person qualification, established for the purpose of donating property, registered and established according to law, and obtained the qualification of donating legal person. A legally established venue for religious activities that meets the requirements of a legal person may apply for registration as a legal person and obtain the qualification of a donated legal person.

(3) Special legal person

Special legal persons include government agencies, rural collective economic organizations, urban-rural cooperative economic organizations and grassroots mass autonomous organizations. A legal person organ refers to a state organ that enjoys the public power entrusted by the state according to law and has the corresponding capacity for civil rights and civil conduct due to the need to exercise its functions and powers. Institutions and institutions with independent funds as legal persons who undertake administrative functions have the qualifications of institutional legal persons from the date of establishment and can engage in civil activities necessary for performing their functions. Rural collective economic organizations and urban-rural cooperative economic organizations have obtained legal person status according to law. Residents' committees and villagers' committees have the legal personality of grass-roots mass autonomous organizations and can engage in civil activities needed to perform their functions. If a village collective economic organization has not been established, the villagers' committee may act as the authority of the village collective economic organization according to law.

The above gives you a detailed introduction to what is a property company legal person. Property companies as legal persons need to be bound by relevant laws and regulations.