What is a legal person? What are the characteristics of a legal person?

There is a confusing concept for startups that is legal. What is a legal person? What characteristics does a legal person have? Luat Phuc Cau would like to send you the necessary information about the legal person in the article below.

1.What is a legal person?

Article 74 of the Civil Code 2015 provides for the characteristics for an organization to be recognized as a legal person as follows:

– It is legally established as prescribed in this Code and relevant laws;

–  It has an organizational structure;

– It has property independent from other natural and legal persons and bears liability by recourse to its property;

– It participates independently in legal relations in its own name.

2.Characteristics of a legal person

a.The organization is established following the law

– Legally establishment;

– Having a name in Vietnamese. The name must clearly represent the type of organization of the legal person and distinguish it from other legal entities in the same field of activity.

– Use your name in civil transactions.

The legal person’s headquarters is the place where the legal authority of the legal person is located.

b.Having a close governing body and organizational structure

– Having a clear operating charter created by members;

– There is a clear operational organization.

c.Have independent assets and take responsibility for their own assets

– Having independent assets and full rights to use these assets without the control of anyone.

– The property of the legal officer is completely separate from the assets of the members.

d, Have the right to participate in legal relations independently on their behalf

– There may be many legal representatives to participate in juridical relations on behalf of (on behalf of) legal person;

– Have your own seal managed and used by the representative. The legal seal has the value of confirming the legality of documents issued by a legal person.

Please don’t hesitate to contact us if you require any further information!

Trả lời

Email của bạn sẽ không được hiển thị công khai. Các trường bắt buộc được đánh dấu *