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A dispute case of requesting to change company registration, Wei Tongbing v. Xinjiang Baota Real Estate Development Co., Ltd

By PRC Supreme People's Court

February 3, 2023

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

The legal representative is the person in charge of the company who conducts civil activities on behalf of the company. The registration of the legal representative has the effect of publicity according to law. As far as the company is concerned, there is an entrusted legal relationship between the company and the legal representative. The legal representative's representative power is based on the company's authorization, which is obtained from the time of appointment to the time of removal. After the authority of the company removes the legal representative in accordance with the articles of association, the representative power of the legal representative shall be terminated.

If the shareholders' meeting of a limited liability company removes the legal representative of the company in accordance with the provisions of the articles of association, the executive organ of the company shall implement the company's resolutions and handle the industrial and commercial registration of the change of the legal representative of the company according to law.