|
Q：
|
Is it a must for a Chinese company to have a legal representative?
|
|
A：
|
Yes. According to the Company Law of the PRC, a company must appoint one legal representative.
|
|
Q：
|
Can a Chinese company have several legal representatives?
|
|
A：
|
It’s not allowed. A Chinese company only can have one legal representative.
|
|
Q：
|
Who can be appointed as the legal representative of a Chinese company?
|
|
A：
|
According to the Company Law of the PRC, a company’s legal representative shall be either a director or (general) manager who represents the company to execute corporate affairs.
|
|
Q：
|
The legal representative’s name is a statutory registered item of a Chinese company or not?
|
|
A：
|
Yes. The name of the legal representative is a statutory registered item of the company. The name of the legal representative will be written on the company’s business license after registration.
|
|
Q：
|
The change of legal representative must be registered with the company registration authority or not?
|
|
A：
|
According to the Company Law of the PRC, if there is a change in the registered items (for example, the legal representative) of a company, it shall be registered with the company registration authority in accordance with the law. Without registration, it is not allowed to confront third parties in good faith.
|
Q：
|
Can a foreigner be appointed as the legal representative of a Chinese domestic company?
|
A：
|
Yes. The PRC laws and regulations do not have restrictions on the nationality of the legal representative.
|
|
Q：
|
Can an employee be appointed as the legal representative of a Chinese company?
|
|
A：
|
It is not allowed unless the employee also serve as a director or manager who represents the company to execute corporate affairs.
|
Q：
|
Can the legal representative, director and manager of a Chinese company be the same person?
|
A：
|
Yes. The company’s position of legal representative, director and manager can be held by the same person.
|
English
FAQ
