As the legal representative of the company, he exercises rights and fulfills obligations on behalf of the company. If the legal representative dies, the company still exists, and there are other shareholders who hold shares in the company. In this case, can other shareholders litigate on behalf of the company?
First of all, we need to understand the provisions of the Company Law on the corporate governance structure after the death of the legal representative. In general, the Company Law stipulates that the legal representative of a company is elected by the shareholders' meeting and is an important part of the corporate governance structure. In the event of the death or resignation of the legal representative, the company shall re-elect the legal representative in accordance with the legal procedures.
However, after the death of the legal representative, if a re-election is not carried out in a timely manner, can the other shareholders of the company file a lawsuit on behalf of the company?
According to the relevant legal provisions, the shareholders of the company can litigate on behalf of the company, but certain conditions need to be met. First of all, the shareholder needs to hold shares in the company and be a legal shareholder of the company;Secondly, shareholders need to have the appropriate legal knowledge and ability to represent the company in litigation;Finally, shareholders need to obtain a power of attorney from the company before litigation to prove the legitimacy and validity of their representation of the company.
Therefore, if the legal representative of the company is not re-elected in a timely manner after the death of the company's legal representative, the other shareholders of the company can file a lawsuit on behalf of the company, but the above conditions need to be met. Before litigation, shareholders need to obtain a power of attorney from the company and represent the interests of the company in the litigation. At the same time, shareholders also need to comply with relevant legal regulations and procedures to ensure the legitimacy and effectiveness of their representation of the company.
In conclusion, while the legal representative of a company is an important part of the corporate governance structure, other shareholders of the company can also represent the company in litigation. If this happens, shareholders need to comply with the relevant legal provisions and procedures to ensure the legitimacy and effectiveness of their representation of the company.