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Who should bear the main legal responsibility (legal person or the largest shareholder) for the company's major illegal acts?
According to Article 57 of the General Principles of Civil Law of People's Republic of China (PRC) and national laws, a legal person is an organization with capacity for civil rights and conduct, and 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.
Extended data legal person has the following general characteristics:
A legal person is not a person, but a social organization, an aggregate, and an aggregate of organizations endowed with legal personality by law.
This is the fundamental difference between a legal person and a natural person. It can be a collection of individuals or property. A person who does not appear in the civil subject in the name of an organization aggregate cannot be a legal person.
2. Have capacity for civil rights and capacity for civil conduct.
It can enjoy and exercise civil rights and set and undertake civil obligations in its own name and through its own actions. The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.
Three. Independently enjoy civil rights and assume civil obligations according to law.
Have their own independent rights and interests, and can independently enjoy rights and assume obligations in their own names.
Fourth, bear civil liability independently.
Whether a legal person organization can bear civil liability independently is an important symbol that distinguishes it from other organizations. Article 60 of the General Principles of the Civil Law stipulates that a legal person shall bear civil liability independently with all its property.
Baidu Encyclopedia-General Principles of the Law on People and the State in China
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