A legal person is one of the subjects of civil legal relations, has the capacity for civil rights and civil conduct, and is an organization that independently enjoys civil rights and bears civil obligations in accordance with law. Next, we will learn Xi the classification of legal persons in China's civil law.
A legal person is one of the subjects of civil legal relations, has the capacity for civil rights and civil conduct, and is an organization that independently enjoys civil rights and bears civil obligations in accordance with law. Next, we will learn Xi the classification of legal persons in China's civil law. Pay attention to the collection information.
According to Article 57 of the General Provisions of the Civil Law, a legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. It is divided into for-profit corporations, non-profit corporations, and special corporations.
1. Special legal persons.
As provided for in the General Provisions of the Civil Law, government agencies, rural collective economic organizations, urban and rural cooperative economic organizations, and grassroots mass autonomous organizations are special legal persons.
Note: Article 101 of the General Provisions of the Civil Law: Residents' committees and villagers' committees have the legal personality of grass-roots mass autonomous organizations and may engage in civil activities necessary for the performance of their functions. Where a village collective economic organization has not been established, the villagers' committee may perform the functions of the village collective economic organization in accordance with law.
2. The difference between a for-profit legal person and a non-profit legal person.
The differences between for-profit legal persons and non-profit legal persons mainly focus on the concept, type, acquisition of legal personality, decision-making body, executive body, supervisory body, etc., as follows:
a) The concept is different.
A for-profit corporation is a corporation established for the purpose of obtaining profits and distributing them to shareholders and other investors.
A non-profit legal person refers to a legal person established for public welfare purposes or other non-profit purposes and does not distribute the profits obtained to investors, founders or members.
b) Different types.
For-profit legal persons include limited liability companies, joint-stock companies and other corporate legal persons.
Non-profit legal persons include public institutions, social organizations, associations, social service organizations, etc.
3) The acquisition of legal personality is different.
1. For-profit legal persons:
It has been registered and established in accordance with the law.
The registration authority shall issue a business license to a for-profit legal person, and the date of issuance of the business license shall be the date of establishment of the for-profit legal person.
A charter of legal persons shall be drafted in accordance with law.
Authorities and executive bodies should be established.
2. Non-profit legal person:
For example, a social group established for a non-profit purpose such as a public interest purpose or the common interests of its members based on the common will of its members, and has obtained the legal person status of a social group after being registered and established in accordance with law, but does not need to be registered as a legal person in accordance with law, has the legal person status of a social group from the date of its establishment.
4) The decision-making body, the executive body, and the supervisory body are different.
1. For-profit legal persons:
The decision-making body is the general meeting of shareholders, which exercises the functions and powers of amending the articles of association of the legal person, electing or replacing the members of the executive body and the supervisory body
The executive body is the board of directors or executive directors, who are responsible for convening meetings of the authority and deciding on the business plan and investment plan of the legal person
The supervisory body is the board of supervisors or supervisors, and exercises the authority to inspect the financial affairs of legal persons, supervise the professional conduct of members of the executive body, and senior management personnel in accordance with the law.
2. Non-profit legal person:
Where a public institution legal person has a board of directors, the board of directors is its decision-making body;
Social group legal persons shall establish a general assembly or a representative assembly as the authority and the board of directors as its executive body;
Donor legal persons shall have a board of directors and democratic management organizations as decision-making bodies, and the board of supervisors as supervisory bodies.