A legal representative is a person who acts on behalf of another person and is legally recognized. The person represented may be a natural or legal person. In the case of natural persons, the representative is a representative. In the second case, the legal representative may be the manager of a company, the manager of a residential building, etc. In the case of an SME, for example, the legal representative may be one or more partners or, if you prefer, a third party. In all cases, this figure is responsible for the presentation of decision-making. According to the Internal Revenue Service (SII), the requirements to be a legal representative are as follows: legal persons, because they are a legal person, a legal fiction and do not have their own material means to act, act through the persons appointed to represent them, who may or may not be shareholders. In principle, the general law of commercial companies determines who are the representatives in the different types of companies recognized by law, as directors or directors who©, depending on the type of company concerned, may be partners or third parties outside the company. In addition, the representative bodies of companies have the power to enter into agency contracts or to grant others the power to act on behalf or on behalf of the company. Finally, some powers of attorney (for example, powers of attorney) may be granted to another person (other than the legal representative) for purposes and for limited periods of time. For example, to bring a process. « The convening of a general meeting by a person who is not legally or legally authorised results in the stain of the title because he suffers from an irremediable defect which affects the validity of the title. » In a public limited company, the board of directors or the sole director may be representatives.
Representation consists of acting on behalf of others. The representative shall act on behalf of the person represented. By representation, the representative may act on behalf of the persons represented in legal acts, legal acts such as contracts, agreements, procedural acts, administrative acts, provided that they are not strictly personal. In addition, the legal effects of the acts in which the representative intervenes affect the person and the inheritance of the represented person. Representation may be voluntary if there is an agreement between the parties, as in the case of the contract of agency or the granting of powers, or it may be lawful if the law itself provides for it. Where, in order to perform a legal act or transaction or to intervene in administrative or judicial proceedings, a person claiming to represent a legal person is required to prove that status, he must produce the act or act in which he is represented by the legal person. In addition, depending on the case, the power of attorney authorizing the person to act on behalf of the company or the mandate contract with the formalities prescribed by law may be presented. But what are its powers and attributions? It is common for civil society associations to change their composition and composition over the course of their lives. Therefore, it is important to know the powers, rights and obligations of members. The legal representatives of commercial companies are the members of the company`s administrative body, who in principle have the power to perform all actions necessary for the achievement of the company`s purpose, with the exception of the limitations provided for by law and in the articles of association or in the articles of association. The appointment of the legal representatives of the company is done by general or specific powers (for specific acts) or by the mandate contract, which must be granted or celebrated in accordance with the formalities provided for by©©law. The legal representative of the association is always the president, as determined by law.
Companies interact on a daily basis with third parties such as public authorities, employees and other natural and legal persons and do so for this purpose through©their legal representatives. For example, if a company is registered in the federal tax register, it must apply to the SAT and do so through©its legal representative. When the company hires employees, it enters into contracts with them through©its legal representative. Defining who your legal representative will be is another important decision you need to make before creating the corporation`s bylaws. Legal representation may have general or partial powers and may be divided into: In practice, entrepreneurs or businessmen often have doubts about the question of legal representation of companies, the scope of application or the powers, duties and responsibilities that it means to be the legal representative of© a company. In order to guide people who have doubts about the representation of legal persons or companies, we present questions and answers on the legal representation of companies. And related: Should the representative be a member of the board of directors? Could we have more than one legal representative? Should they be members of the board of directors? The legal representative is the person responsible for: In my association are the president, the secretary and the treasurer.