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What is the relationship between legal representative and shareholders?
2022-08-10 04:29:00 【Maker】
According to the provisions of the company law, a company shareholder is a natural or legal person who has limited or unlimited liability for the debts of the joint-stock company and enjoys dividends and bonuses by holding shares.The legal representative of a company refers to the person in charge who exercises civil rights and performs civil obligations on behalf of the legal person in accordance with the law.
I. Responsibilities of the legal representative of the company
1. From the perspective of identity requirements.For company shareholders, the law does not impose any restrictions. Company shareholders can either be a legal person (that is, other companies), or a natural person, or a natural person plus a legal person, and even minors without or limited capacity for civil conduct canbe eligible for shareholder status.
2. For the legal representative, it needs to have full capacity for civil conduct, and the generation of the legal representative is also affected by the shareholders' meeting, the company's articles of association and other factors.
3. From the perspective of rights.Shareholders of the company are legally entitled to asset returns, participate in major decision-making and select managers, and have the right to view and copy the company's articles of association, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board of supervisors meetings, and financial and accounting reports.Exercising functions and powers within the scope of functions and powers stipulated by national laws, regulations and the company's articles of association, participating in civil activities on behalf of the legal person of the enterprise, being fully responsible for the production, operation and management of the enterprise, and accepting the supervision of all members of the enterprise and relevant agencies.
4. From the perspective of responsibility.The shareholders of the company have: the obligation to make capital contributions; the obligation to participate in the shareholders' meeting; the obligation not to interfere with the normal operation of the company; the obligation to prohibit the exercise of voting rights under certain circumstances; the obligation not to abuse the rights of shareholders.The source of the legal representative's obligations is mainly the provisions of the company's articles of association, and his actions are regarded as the actions of a legal person.
II. Rights of shareholders
1. Check and copy the company's articles of association and other materials;
2. Enjoy asset income in accordance with the law;
3. The right to participate in major decisions and select managers.
Three, the obligations of shareholders mainly include
1. Pay the subscribed capital contribution;
2. Company registration After registration, the capital contribution shall not be withdrawn;
3. Other obligations stipulated in the company's articles of association, that is, the company should abide by the company's articles of association and perform the obligations stipulated in the company's articles of association."
Therefore, it can be seen that the legal representative of the company and the shareholder are closely related, but they are two different positions at the same time, and their behaviors are bound by the company's articles of association.
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