Glossary A legal representative: what is it and what is its function? Therefore, the relevant powers determine the nature and content of the representation, depending on whether it is the granting of powers to dispose of the property of the former, and distinguish between acts of ownership, management or preservation of the property or rights of the represented person. I would dare to say no, because if the legal representative and the representative have the same powers, both can perform the same actions on behalf of and representing the company. It all depends on the conditions under which the only board of directors or director receives or has obtained the power of attorney. Several conditions must be met to become a legal representative of a Mexican company: it is carried out by written proxy for one person to act on behalf of another exclusively in legal, judicial or administrative processes or problems. I hope this short article will help you understand these differences a little better, albeit theoretically. 😉 The technical distinction between representation and power is that if representation is simply the replacement of the will of the representative by that of the representative, power is rather the act of exercise that determines the scope and limits of the powers conferred on the representative. As regards the credentials of the representative, they may be of different nature and content. That is, not every person can be a legal representative of another person, in order to be able to at least afford it, it is necessary to check whether one person has a connection with the other, so that in the first place the bond of loyalty or loyalty is proved, which takes as a reference that the person is not in the state of a case, in which he is not aware of his decisions or is able to assume full responsibility for a person who has no proof of loyalty and this is deceived. Later, we will discuss the exercise of the powers conferred on the representative. Today, the right legal representative can make all the difference in the global expansion of your business.
As in many other Latin American countries, you will need to appoint a legal representative in Mexico when starting your business. Research and communicate with reliable, credible and reputable professionals. In addition to the content of the representation consisting of the powers granted to the representative, these bind and characterize the representation and make it possible to acquire the rights, obligations and obligations assumed towards third parties in the representative`s declaration of intent. There are the so-called „very personal”, which cannot be exercised by a representative by the provision of the law. Its exercise corresponds only to what is represented. They may under no circumstances be the subject of the authorization. These are the so-called „very personal” rights and obligations. If, in order to perform a legal act or transaction or to intervene in administrative or judicial proceedings, it is necessary for a person claiming to be a representative of a legal person to prove that status, he must produce the instrument or instrument of incorporation in which the person is represented by the legal person. In addition, depending on the case, it is possible to demonstrate the authority with which the person is authorized to act on behalf of the company or the mandate contract with the formalities required by law. The legal representative is a person to whom the „power of representation” has been delegated to another person, it is a voluntary act in which one person gives another person the ability to represent in order to guarantee his rights and obligations. The legal representatives of commercial companies are the members of the administrative authority of the company, who are in principle authorized and can perform all the actions necessary for the achievement of the purpose of the company, with the exception of the restrictions provided for by law and in the statutes or the law on incorporation. A legal representative who knows THE HS codes, local tariffs and tariffs, and customs clearance requirements will save your business money while maintaining the company`s compliance.
For the duration of the legal powers that one person confers on another person, we have two models: the first is that the person who transfers power to another person sets a period in which he represents him as the legal representative of the same person, and then the expiration period is that agreed by the persons in whom the legal power is mobilized, and, conversely, within which no period is fixed, the period of validity of it is until the death of the legal representative or until the death of the customer. For this reason, for persons who do not have the necessary time or for adults who are not able to carry out their own procedures jointly, legal representatives have been invented, which are given when the contracting authority has to say that a legal person transfers the legal power to another person called a representative to perform certain acts on its behalf, which saves time or power: The procedures to be performed according to their age can not do it. Representation may result from a legal provision, as in the case of parents and guardians representing the rights of the minor or directors and directors of companies or corporations. The representative explains by a legal fiction the will attributed to the person represented. Simply put, a legal representative is a person who can represent the company because the shareholders/partners of the company have appointed him to a position that exists in the articles of association of the company. On the other hand, a legal representative is the natural person who has obtained a power of attorney on the basis of the Civil Code or the General Law on Real Estate and Credit Transactions or any other law applicable to this issuance of powers of attorney. It is easy to deduce from the provisions that the nature of the new presentation lies in the exercise of the rights of the representative by the representative. And this both in terms of contractual or conventional representation and in terms of legal representation granted by law. Other duties of a legal representative may include holding annual meetings of shareholders and recording agreements or resolutions made during such meetings. It is the one who acts in the name and representation of something or someone, who has authority and defends his representation before the authorities or individuals and who watches over their rights and duties. The representative is the image of the person he represents.
In the operation of companies and corporations as well as in the daily lives of individuals, other persons are appointed to perform representation, positions and functions. The legal representative is appointed, who may have alternates, and the lawyers, who have the power to act and make decisions on behalf of another person. A legal representative acts on behalf of various legal persons; There is also a legal representative for minors, including people with disabilities. Another feature of the functions is that the agent is a great facility for the one who assumed that the power of attorney gives the agent the function of being able to perform the relevant legal procedures of the entity without the need for the presence of another person, he can also manage the assets of the entity and in some activities represent them to the organization with his title of authorized representative, without requiring the presence of the owner or owner of the organization. In practice, entrepreneurs or entrepreneurs usually have doubts about the question of the legal representation of companies, their scope or© the powers, duties and responsibilities that it means to be the legal representative of a company. In order to support people who have doubts about the representation of legal persons or companies, we then present questions and answers on the legal representation of companies. What we need to be a legal representative is to be over 21 years old, an identity identification that corresponds to the country in which the procedure is carried out, means to prove the link I have with the person of whom I will be the agent, as well as the declaration that I have the right to be your legal representative and that it will be registered under the cases of the law the benefits and obligations, what designates us. both as an authorized representative and for the person granting the power of attorney to another person.