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What laws and regulations will be violated by impersonating a legal person to sign?

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What laws and regulations will be violated by impersonating a legal person to sign?


        

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  • 2024-06-14 16:01:41

    If another person impersonates the signature of the legal representative without authorization, the legal representative shall not bear the legal responsibility for signing, and the responsibility for signing shall be borne by the actual signatory.
    According to the provisions of the Civil Code, if there is no power of agency, acts beyond the power of agency or acts after the termination of the power of agency, the principal can bear civil liability only after the principal's ratification. The actor shall bear civil liability for acts not ratified. If he/she knows that another person has committed a civil act in his/her own name and does not deny it, he/she shall be deemed to have consented.
    As the subject of civil legal relations, legal persons are relatively proportional to natural persons, and they have different characteristics compared with each other: first, legal persons are the legal personification of social organizations, which is in the legal sense, rather than the actual life body, and they come into being and die out according to law. A natural person is a person born and living according to the laws of nature. A natural person with the nationality of a country is called a citizen of that country. The natural person's birth, aging, illness and death are carried out according to the natural law and have the natural attribute, while the legal person does not have this attribute. Second, although both legal persons and natural persons are civil subjects, legal persons are collective civil subjects, that is, legal persons are the aggregation of some natural persons. For example, the Company Law of most countries stipulates that a legal person must be composed of two or more shareholders, but in China, according to the Company Law of the People's Republic of China, it is allowed to establish a one person limited liability company. In contrast, natural persons regard individuals as civil subjects. Third, the capacity for civil rights and capacity for civil conduct of legal persons are also different from those of natural persons. According to the provisions of the Civil Code, legal persons shall be established according to law. A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations. Where the establishment of a legal person is subject to the approval of the relevant authorities as prescribed by laws and administrative regulations, such provisions shall prevail. Bear the consequences of the signed contract or other documents and compensate the losses of the impersonated person and the signing counterpart. If it is possible to commit the crime of fraud, it is also necessary to bear legal responsibility for the consequences of impersonating a signature by taking advantage of its position. First, the actor must take advantage of his position, that is, the convenience of managing and handling the property of his own unit. This crime cannot be constituted if the perpetrator illegally occupies the property of the unit by taking advantage of the convenient conditions that he is familiar with the environment and situation of the unit due to his working relationship rather than taking advantage of his position. The second is the illegal possession of the property of the unit, which can be achieved by means of embezzlement, theft, fraud and other means. If the property illegally occupied is not the property of the unit, it cannot constitute this crime. Third, the amount must be large to constitute this crime.
    To sum up, have your questions been answered!

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