Lawyers can run the company, the lawyer can act as the legal representative

     A popular and popular argument is the lawyer can't run the company, the legal representative of the lawyer can't do. After my research, the legal basis isThe Justice Department lawyers reply about to engage in business activities. Its main content is:Department of Justice of Zhejiang Province.
Your hall "The lawyer engaged in businessActivities should be for instructions on how to deal with the problem of "(Zhejiang Province (2000). 318) received. The study, replied as follows:
According to the "A partnership law firm management"ArticleArticle fiveRegulation: "partnership law firms and lawyers shall not engage in any other business activities". A lawyer should not as a corporate office in his practice, participate in the enterprise management, engage in business activities. The lawyer the above-mentioned acts, should according to "Measures for the punishment of the illegal acts of lawyers"ArticleArticle sixSixteenth the provisions of punishment.

The approved the effect still effective. But on the 1996 release of the "partnership law firm management approach" has been abolished in 2004 published "a partnership law firm management approach". The 2004 edition of the "partnership law firm management approach" was released in 2008 "law firm management approach" to replace. The measures stipulates clearly that the forty-first:Law firm shall not be engaged in business operations other than legal services.No restrictions on lawyers.

Released 2008 "management measures" lawyer present. Not to the lawyer engaged in business operations other than legal services provided.

The 2012 revised "lawyer law" article The provisions of article fifty:The lawyer firm has one of the following acts, by the judicial administrative department of a city with districts or municipalities directly under the central government, the District People's government, depending on the circumstances given a warning, suspend business for more than one month following six months of punishment, and may be fined one hundred thousand yuan; if there is illegal income, the confiscation of illegal income; if the circumstances are especially serious, law firms practising certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government:
(a) accept the Commission, charging fees in violation of the provisions;
(two) in violation of legal procedures to change its name, person in charge, the articles of association, partnership agreement, domicile, partners and other important matters;
(three) to engage in business operations other than legal services;

Visible, "lawyer law" is not the lawyer engaged in legal services to be provided outside business activities.

2010 issued and implemented "the illegal acts of the lawyers and law firms punishment measures"The provisions of article twenty-fifth:Any of the following circumstances, belong to"LawyerMethod "ArticleArticle fiftyThird paragraphLawyerViolations of the law firm "to engage in business operations other than legal services":
(a) to sole proprietorship, joint venture or entrust the ownership and other enterprises, and appointedLawyerAs the legal representative of the enterprise or the general manager duties;
(two) engaged in legal service independent intermediary services or other business activities.

From the punishment measures also did not see the lawyer engaged in legal business activities outside the limits.

   With Shanghai, Shanghai City Bar Association lawyer behavior in 2003 Shanghai City Bar Association released "(for Trial Implementation) it did not mention the limitation the lawyer engaged in legal service outside business activities.

   Therefore, the author can draw a conclusion, the Justice Department lawyers limits the legal services in business activities outside, at present already does not exist. No limit is permitted, so, the lawyer can operate according to company, can serve as an enterprise,

The legal representative of the company.

There are different opinions, welcome discussion. The lawyer contact Tel: 13817503450, QQ; 1050615356