A legal person must meet four conditions at the same time, none of which is indispensable.
(1) was established according to law.
Legal establishment refers to the establishment in accordance with the existing laws, including the legitimacy of the establishment procedure and the legitimacy of the organization after the establishment. China's corporate enterprises must be established in accordance with the Company Law of People's Republic of China (PRC) in order to obtain legal person status.
(2) Having independent property.
The independent property owned by a legal person enterprise is the material basis for it to participate in economic activities, enjoy civil rights and bear civil responsibilities as a civil subject. An enterprise as a legal person shall have a total amount of property commensurate with its business scope and scale.
(3) Having its own name, organization and place.
The name of a legal person is the font size of a legal person, which is a sign that a legal person is different from other legal persons. Enterprise as a legal person is an economic organization, which must have an orderly organization to play its role. The location of an enterprise as a legal person is the place where the enterprise produces and operates, and it is also the residence of the enterprise as a civil subject. An enterprise as a legal person must have a place, which is necessary for production and business activities and is conducive to the state's supervision and management of enterprises.
(4) Must bear civil liability independently.
This condition includes three meanings: first, it must bear civil liability; Second, you can only bear it yourself; The third is endurance. Whether an enterprise can bear civil liability independently depends on whether it owns independent property. A corporate enterprise is funded by multiple investors (including natural persons and other legal persons) and established in accordance with legal procedures. All the investors' capital contribution forms the company's independent legal person property, which is separated from other investors' uninvested property. With all its property, the company enjoys civil rights independently, undertakes civil liabilities, and has the same capacity for civil rights and civil conduct as a natural person.