In the day-to-day operation of the company, a change of legal representative may be involved due to various reasons. For this question, many entrepreneurs and managers have questions: does the change of the company's legal representative require the presence of the legal person?In this article, we will explain this in detail from the perspective of a certified public accountant and a business counselor.
Register a company, apply for a business license, change the company, and cancel the company (click to consult).
First of all, we need to clarify what is the legal representative of the company. The legal representative of the company, referred to as the legal person, is the main person in charge of exercising civil rights and fulfilling civil obligations on behalf of the legal person in accordance with the law (such as the director of the factory, the chairman of the company, etc.). According to the Company Law of the People's Republic of China and other relevant regulations, the change of the legal representative of a company is a relatively complex process, involving the signing of legal documents, the filing of relevant information and other steps.
Then, the answer to the question of whether the legal person needs to be present for the change of legal representative is not absolute. In general, in order to ensure the legitimacy and effectiveness of the change process, it is recommended that the legal representative be present in person to sign and confirm. This is because the change of legal representative involves major matters of the company, and it is necessary to ensure the true will and identity of the legal person.
However, in practice, there are some special cases. For example, when a legal person is unable to be present in person for some reason, it can be operated by entrusting a person. However, it should be noted that the entrusting person must hold a valid power of attorney and operate in strict accordance with relevant laws, regulations and procedures.
In addition, with the development of technology, some regions have also begun to try to use electronic signatures and other methods to change the legal representative. This method does not require the physical presence of the legal person, but it is necessary to ensure the authenticity and legitimacy of the electronic signature.
To sum up, although there is no clear and hard rule on whether the legal person needs to be present for the change of the company's legal representative, in order to ensure the legitimacy and effectiveness of the change process, it is recommended that the legal person should be present in person to sign and confirm as much as possible. If you are unable to attend the event due to special reasons, you can entrust a person or use electronic signatures to operate, but you need to ensure that you comply with relevant laws, regulations and procedural requirements.