A legally established company is an independent legal person, which operates independently, is responsible for its own profits and losses, and bears legal liabilities independently with the company's property. If the company's property belongs to the company and is not the legal representative, the legal representative cannot occupy or dispose of the company's property without authorization. The economic disputes of the family members of the legal representative have nothing to do with the company, and the corresponding family members shall bear legal responsibilities independently. If the legal representative holds the company's equity, and family members' economic disputes involve money payment, the company's equity held by the legal representative may be preserved or enforced.
Under normal circumstances, creditors cannot directly exercise compulsory rights, including the act of sealing up property. But this is not absolute. If permitted by law, the creditor may seize the debtor's property. Creditors are allowed to seize property under the following two circumstances: 1. If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to seize the debtor's property. Attention should be paid to the following points: (1) If the creditor fails to take possession of the other party's property in advance as agreed in the contract, it cannot exercise the lien. (2) If the debtor's investigation has nothing to do with the property possessed by the creditor according to the contract, the lien cannot occur. (3) The debtor's debts have not reached the time limit for performance, and the debtor's property cannot be sealed up. The creditor's rights are infringed due to non-performance of debts at maturity, so it is necessary to properly exercise the right of attachment to protect their rights. If the debt does not reach the extension period, the debtor can still perform the debt during this period, and there is no need to detain it.
2. When the debtor or a third party provides certain property to guarantee the debtor's performance of the debt, when the debtor fails to perform the debt, the creditor may seize the collateral and give priority to the realization of his creditor's rights with the value of the collateral.
In our daily life, for a company, the legal representative of the company is actually engaged in some business activities related to the company on behalf of the company, so he needs to bear many responsibilities, including civil liability and criminal liability, and of course he has great power. According to Chinese laws, the legal representative of a company can apply for a credit loan.
The conditions for applying for loan business are1natural person aged 8 to 65; The actual age of the borrower and the loan application period should not exceed 70 years old; Have the ability to stabilize employment and income and repay the principal and interest of loans on schedule; Good credit information, no bad records, and legal use of the loan; Other conditions stipulated by the bank. According to Article 3 of the Regulations of the Supreme People's Court on Restricting the High Consumption of the Executed Person, which was revised by the Supreme People's Court on 20 15, the executed person and his legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not engage in the following high-consumption behaviors that are not necessary for life and work: if the executed person is a natural person, he shall not engage in the following high-consumption and non-life and work after taking measures to restrict consumption.
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.