Before appointing a legal representative, it is necessary to prepare a statutory document that indicates the roles, duties and limits of the legal representative, so it is important to delimit his attributions. The legal representations evaluated in the Civil Code are: The legal representative of the company must be elected by the competent social or administrative authority in accordance with the articles of association, such as the Board of Directors or the Shareholders` Council. The main task of entrepreneurs is not only to develop their entrepreneurial spirit, but also to know how to delegate functions to achieve their goals set at the beginning of the year. Therefore, the figure of the legal representative arises. Although it is assumed that the manager is the legal representative of the company, this is not necessarily the case, since the manager has the function of directing the company and sometimes he is also responsible for the legal representation of the company. Assuming the role of legal representative exposes the person to certain personal legal responsibilities. If the company does not pay taxes, the Internal Revenue Service can directly impose criminal or civil penalties on the legal representative. Changing the legal representative follows the same steps as your initial order. Once the partners approve the change, the following steps must be followed: it should be emphasized that the legal representative agrees in all types of legal entities that our system allows, so that in each company there is an RL per share, public or private company, limited liability company, limited partnership, limited partnership, limited partnership, a representative, that is, someone, who represents another person and who is legal because his representation is in accordance with the law. It is important to indicate in this document that an authorized signature of the partners or shareholders is required for the sale of real estate. It is also advisable to limit the amount of money that the legal representative can transfer without authorization. As a general rule, the principle applies in law that no one can legally act on behalf of another person, but the number of legal representations is the exception. In the legal system, these restrictions are set out in the articles of association of the company, usually by a paragraph in which the functions of the legal representative appear, and therefore they will appear publicly in the certificate of the Chamber of Commerce and Commerce of your company, so that everyone can check what powers the legal representative has, and therefore you can NOT claim your ignorance.
That is, if your agent sells or hires without having the authority to do so because he has not been authorized, this process not only does not bind your company, but also involves the personal responsibility of the representative, and it will be he who will have to answer, for example, jointly and severally or in the obligation to search for oil. Can there be a legal representative of an autonomous Spanish company (without employees) in another country, for example in Russia, and how should it be registered? In a public limited company, the board of directors or the sole director may be representatives. It is desirable to strike a balance between the powers required by the legal representative to effectively carry out the mandate conferred on him or her and the restrictions necessary to protect the owner, partners and shareholders of the business. The appointment of the legal representatives of the company is carried out by general or special powers (for certain 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 Company is the person who may acquire rights and enter into binding obligations for the Company on behalf of the Company, as well as act on behalf of the Company before the courts and other authorities. A legal representative who knows THE HS codes, local tariffs and tariffs, and customs clearance requirements will save your business money while maintaining the company`s compliance. The legal representative is the person responsible for: In the case of the appointment of a legal representative located outside Chile, the procedure must be carried out before the authorities or ministers of faith of the country in which the person to be appointed is located as a representative. This document must be validated by the Chilean consul of that country or by the competent authority if the country does not have a Chilean consul. Legal representation is the power conferred by law on a person to act on behalf of another person, with the impact of such actions falling on his or her own.
The exercise of such representation may be mandatory for the representative. Advantages of a SpA A SpA is a type of commercial legal entity that. In a small and even medium-sized enterprise with few employees, shareholders retain control over the major aspects of the business, but delegate the function of legal representative to the manager or manager of the company. This appointment, often motivated by trust or the need to have someone who is always present, is usually a decision that does not weigh its real impact, so all Chilean or foreign natural persons who reside abroad and wish to receive RUT and engage in activities in Chile must appoint a legal representative (or a representative residing or residing in Chile). Strictly speaking, in the case of commercial companies, the representation of the company is carried out by their administrative authorities and, on the basis of these powers, these authorities may in turn authorize other persons with legal capacity to perform legal or procedural acts on behalf of and on behalf of the company. Representation is acting on behalf of others. The representative acts on behalf of the person represented. Through representation, the representative may act on behalf of the person represented in acts, legal transactions such as contracts, agreements, procedural, administrative acts, as long as they are not strictly personal. In addition, the legal effects of the acts in which the representative intervenes occur on the person and property of the represented person.
Representation may be voluntary if there is an agreement between the parties, as in the case of the mandate contract or the granting of powers, or it may be legal if the law itself so determines. That is, the legal representative is the one who takes care of someone else`s interests and instead makes decisions with legal implications. The legal representative is the will of the company, it is the one who obliges or obliges the company with its signature or its manifestations, while the partners do not have this power. A typical example may be that of a listed company, none of its shareholders, none of the 434,136 shareholders of Ecopetrol, for example, can decide with his signature the fate of a barrel, pencil or employee of the company, since everyone, or at least the majority, has elected the legal representative, so that it is the one who does not only have barrels, Pencils or employees decide, but also on the purchase of companies, the execution of explorations or the investment in new companies. In practice, entrepreneurs or entrepreneurs usually have doubts about the question of the legal representation of companies, their scope or© the powers, duties and responsibilities that it means to be the legal representative of a company. In order to support people who have doubts about the representation of legal persons or companies, we then present questions and answers on the legal representation of companies. The natural entrepreneur is everything and everyone at the beginning of the business. He is the sole shareholder, is the legal representative, up to the accountant (or at least pretends to do so). In these situations, there is no risk of fraud, as all situations will be affected by your decision. Today, the right legal representative can make all the difference in the global expansion of your business. As in many other Latin American countries, you will need to appoint a legal representative in Mexico when starting your business.