Risks of Legal Representative of Hotel

The risks of the legal representative of the hotel are as follows:

1, engaging in illegal business beyond the business scope approved and registered by the registration authority;

2. Concealing the truth from the registration authority or the tax authority or practicing fraud;

3. Withdrawing funds or hiding property to avoid debts;

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

5. Failing to apply for registration and announcement in time at the time of change or termination, causing great losses to the interested parties;

6, engaged in other activities prohibited by law, damage the national interests or social public interests.

Basic legal characteristics of legal person

1. A legal person is a social organization established according to law. This is the biggest difference between a legal person and a natural person. Legal person is a social organization, but not any organization can obtain legal person qualification. Only social organizations that meet the statutory requirements and are recognized or approved by law can obtain legal person status.

2. A legal person has independent property or funds. Having independent property or funds is the basis and prerequisite for the existence of a legal person as an independent subject, and it is also the material basis for a legal person to independently enjoy civil rights and assume civil obligations;

3. The legal person shall bear civil liability independently. It is the inevitable reflection and result that a legal person can bear civil liability independently. Just because a legal person has independent property, it is natural to bear the property liability arising from its own activities independently. Since the property of a legal person is independent of the property of its members and the property of its founders, unless otherwise provided by law, the members or founders of a legal person are not liable for the debts of the legal person, and the legal person shall bear civil liability with its own property. At this point, there are obvious differences between legal persons and unincorporated organizations. Unincorporated organizations usually cannot bear civil liability independently, and their investors or founders usually bear unlimited liability for the debts of unincorporated organizations;

4. The fact that a legal person can participate in civil activities in its own name is the inevitable result of its own property independence, and it is also the proof that the legal person's personality is independent of that of its members or promoters.

To sum up, legal persons should bear the prescribed civil and administrative responsibilities in the development of companies or units, and the legal representatives of enterprises should bear different legal responsibilities on different occasions, not only for themselves, but also for the company. The benefits of specific practices can require the company to specify that it should bear the responsibilities and risks of the company while enjoying its rights.

Legal basis:

Article 3 of People's Republic of China (PRC) Company Law

The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property.

Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.