What is the responsibility of the legal representative of the hotel?

1. The legal representative of the hotel should bear different legal responsibilities on different occasions.

For example, in the case of representing the hotel, its personal signature will lead to the consequences of the hotel's responsibility; If the hotel goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the hotel in the future; If the hotel violates the provisions of relevant laws, the person of the legal representative may be restricted, such as refusing to execute the court judgment and detaining the legal representative; If a legal person commits a crime, the legal representative will be subject to criminal punishment, and so on. The above is just a list, not complete.

2. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned hotel, unless the legal representative has dereliction of duty, the severity reaches the level of criminal law investigation or administrative sanctions should be given;

3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.

If there are contradictions and disputes,

The legal representative of the company is the legal representative of the hotel legal person and engages in civil activities on behalf of the legal person. After becoming a legal agent, his natural personality is absorbed by the legal person, and all the responsibilities assumed as a legal agent in civil acts are borne by the legal person. However, the responsibility for exercising civil acts unrelated to the identity of the legal representative shall be borne by me. If the legal representative is at fault in exercising his right of representation in violation of laws and regulations, he shall bear corresponding responsibilities.

China's "General Principles of Civil Law" stipulates six situations in Article 45:

(1) engages in illegal business activities beyond the business scope approved and registered by the registration authority;

(2) concealing the real situation from the registration authority and the tax authority or practicing fraud;

(3) Evading funds or hiding property to avoid debts;

(4) Disposing of property without authorization after dissolution, cancellation or bankruptcy;

(five) the change or termination is not registered and announced in time, which has caused great losses to the interested parties;

(six) to engage in other activities that harm the national interests or social public interests prohibited by law.

These illegal acts are still borne by the legal person, and the legal representative is not exempted from other responsibilities caused by them, that is, he can be given administrative sanctions, fines and other penalties. If a crime is constituted, criminal responsibility shall be investigated according to law.

Of course, the legal representative also has the following rights:

(1) The legal representative of the hotel shall exercise his power and perform his obligations within the scope of functions and powers stipulated by national laws, regulations and hotel articles of association, participate in civil activities on behalf of the hotel legal person, be fully responsible for the production, operation and management of the hotel, and accept the supervision of all hotel members and relevant authorities.

(2) The legal representative of the hotel may entrust others to perform their duties.

(3) When the legal representative of the hotel entrusts others to act as an agent, he shall do so in writing. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others.

(4) Generally, the legal representative of a hotel shall not concurrently serve as the legal representative of other hotel legal persons. Because of special needs, you can only work in hotels with affiliation or joint venture or investment, which will be strictly examined by the hotel authorities or registration authorities.

(5) The legal representative of the hotel is the signatory who exercises power on behalf of the hotel.

(6) The signature of the legal representative shall be filed with the registration authority. The document signed by the legal representative is a legal document representing the hotel legal person.