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What are the requirements of the legal representative?
1, must be a person with full capacity for civil conduct;
2, should be at least 18 years old, and the mental and intellectual state is completely normal;
3. The position is chairman, executive director or manager;
4, do not violate laws and regulations, do not violate public order and good customs;
5. Other conditions.
According to the Company Law, the legal representative of the company shall be the chairman, executive director or manager, and shall be registered according to law.
Individuals who owe a large amount of debts and fail to pay them off cannot serve as the legal representative of the company.
The legal representative's duty is to carry out civil activities on behalf of the company, and changes need to be registered.
Responsibilities and rights of the legal representative:
1, exercising rights on behalf of legal persons;
2. Sign important documents;
3. Decide on enterprise management matters;
4. Recruit or dismiss management personnel;
5. Conduct business negotiations with foreign countries;
6. Manage and use the legal person's property according to law.
To sum up, the conditions of the legal representative include full capacity for civil conduct, age above 18, normal mental intelligence, holding the post of chairman, executive director or manager, and not violating laws and regulations, public order and good customs. According to the Company Law, the legal representative of the company shall be the chairman, executive director or manager, and shall be registered according to law. In addition, if the personal debt has not been paid off, he cannot be the legal representative of the company. The legal representative's duty is to carry out civil activities on behalf of the company, which needs to be registered and changed.
Legal basis:
Company Law of the People's Republic of China
Article 146
Under any of the following circumstances, he may not serve as a director, supervisor or senior manager of the company:
(1) Having no or limited capacity for civil conduct;
(2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period is less than five years, or being deprived of political rights for committing a crime, and the execution period is less than five years;
(3) If the directors, factory directors and managers of a bankrupt company or enterprise are personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise;
(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked;
(five) a large amount of debt owed by an individual has not been paid off at maturity.
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