Legal analysis
The legal person and the person in charge of the company shall bear the following responsibilities: 1. The legal representative of an enterprise should bear different legal responsibilities on different occasions and have different types. For example, in the case of representing enterprises, personal signature will lead to the consequences of enterprises taking responsibility; If the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in re-operating the enterprise in the future; 2. If a legal person is established without defects, it shall bear the responsibility for losses by itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, the legal representative has dereliction of duty, except that it is serious enough to be investigated by criminal law or should be given administrative sanctions; 3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all the property, and the individual shareholders shall not bear it, except that the capital contribution is defective when it is established; 4, due to business mistakes to the legal person to bear civil liability for compensation; 5. The legal representative may bear the civil tort liability for infringing the property of the unit individually or jointly. Civil sanctions, fines and detention for violations.
legal ground
Company Law of the People's Republic of China
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.