Y El Representante Legal

Only a national or foreign citizen who has a NIE (Alien Identification Number) may be designated as the legal representative. Now, Mr. Entrepreneur-Entrepreneur, think about it: Who is the representative of your company? Do you remember if the laws set restrictions? If the answer is no, your legal representative can range from signing contracts and hiring employees, to buying homes, co-debtor of other people`s obligations, and even deciding on oil extraction if the purpose of the business allows. The legal representative performs the functions indicated by the representative, as in the case of commercial companies, when the statutes define the functions and powers of his legal representative. Both natural persons and companies, provided that such companies are represented by a natural person to exercise the function, may act as directors or legal representatives. Our article explains everything you need to know about the role of a company`s legal representative. According to the Internal Revenue Service (SII), the requirements to be a legal representative are as follows: With such extensive powers and potentially unlimited liability, a good selection of an appropriate and qualified legal representative is extremely important. The Commercial Code regulates issues related to the legal representation of commercial companies, but in general, the representative can sign contracts, assume obligations, fulfill them, claim the rights of the represented person, etc. The legal representative is the person who acts in the interest and on behalf of another person and who has an impact on the legal relationship of that person (the represented person). Can the legal representative sell a business even if he or she is not the owner? A legal representative is a person who acts on behalf of the company in the execution of the procedures related to its management. Its responsibilities include making decisions and making commitments that are then applied to the company.

If you were wondering how many legal representatives a company can have in Mexico? The answer is that they can be more than one. When setting up a company, it is advisable to determine before a notary who or who will be the representatives and to define what their powers will be to make decisions on behalf of the company. It is also convenient to know what the duties of a legal representative are in a company in order to benefit from the expertise that this representative can offer your company. Any company registered in Spain must have a legal representative, i.e. a person acting in the exercise of his functions, legal powers and the articles of association of the company itself. In this case, the duties of the legal representative before the SII are as follows: Legal representation is how companies fulfill their contractual, financial and legal obligations. The organization and management of the company in its relations with third parties (signing contracts, keeping bank accounts, customers, suppliers, etc.) and internal (employees, partners, etc.). The documents must be confirmed before the Ministry of Foreign Affairs of Chile, a fundamental step to prove the authenticity and legal validity of the document in Chile.

The main characteristics of the legal representative are: However, being a legal representative means more. A legal representative is also responsible for the consequences of the company`s actions. Therefore, the work involves significant risk. There are other legal cases in which legal representatives are directly liable (there is automatic liability): regardless of the type of companies you can create in Chile and their main characteristics, all companies must assume legal liability. Any company, foreign or private, wishing to start operations in Chile must have at least one legal representative registered with the Internal Revenue Service. It is also possible to designate a delegate who is outside Chile. In this case, the above procedure must be carried out before the clergy or authorities of the country where the future legal representative is located. At the same time, the public or private document drawn up in the country of residence of the representative must necessarily be confirmed by the Chilean consul in that country.

If this nation has no consul, it must be subject to the competent authority. To hold this position, you only need to be of legal age, have a natural person residing in Chile and have the public document designating you as your legal representative. In principle, legal representatives are liable for damages caused by acts or omissions contrary to the law or the statutes or by the violation of duties arising from their function, provided that there is malice or fault. To change your company`s legal representative, you must follow the steps above. Once they have amended the deed of partnership and indicated who the new legal representative will be, they must: In cases where the legal representative is abroad, he must be appointed by the authorities or ministers responsible for the country in which he is present. The document issued must be validated by the Chilean consul of the country concerned or by the competent authority if the country does not have a Chilean consul. Once this is done, the documents must be confirmed to the Chilean Ministry of Foreign Affairs; Otherwise, the document will not be validated. For example, if the company does not pay taxes in Spain, this may result in criminal or civil penalties against the legal representative. In civil proceedings against the company, the legal representative must appear before the court. Good afternoon. A legal representative is always synonymous with being the general manager of a company? That is, the representative is the manager, or can there be a manager and outside of a representative? You can do this at any notary throughout Chile through a public deed or a private deed approved before a notary.

In any case, the most important thing is to prove the identity of the representative with the passport or identity card. If you have set up a sole proprietorship, such as an E.I.R.L., it is not necessary to appoint an external legal representative, as you can perform administrative tasks yourself, sign contracts and documents, hire employees, etc. However, as it grows, we recommend that you have such a delegate to facilitate certain procedures and take on certain tasks that streamline your company`s processes.