摘要
Abstract
Article 10 of the Company Law of the People's Republic of China(hereinafter referred to as the Revised"Company Law"),which was amended and adopted on 29 December 2023 and came into force on 1 July 2024,stipulates the rules concerning the appointment and resignation of the legal representative of a company.In comparison with the previous legislation,the Revised"Company Law"broadens the range of options available to the legal representative and offers solutions to the long-standing"compulsory retention"and"procedural inefficiency"issues of the legal representative that have been a source of concern in the context of judicial practice.Nevertheless,the Revised"Company Law"still fails to provide direct normative guidance on the ambiguities surrounding the resignation of legal representatives.The Revised"Company Law"stipulates that the legal representative may experience a"interim period"of no more than 30 days.During this period,if the legal representative is required to perform their duties,it may result in complications.In such instances,the provisions of Article 70 of the Revised Company Law,pertaining to"remaining directors",should be applied by analogy.Conversely,if the company is unable to appoint a new legal representative during the designated"interim period"and declines to provide assistance in the modification of registration,this also poses a challenge.In such circumstances,the prompt designation of a legal representative should be incorporated within the purview of the directors'duty of diligence,while the outgoing legal representative should be granted the right to file an application for the expungement of registration.关键词
法定代表人/变更登记/离任/去职Key words
legal representative/modification of registration/outgoing/resignation分类
政治法律
