If the enterprise loan is not paid, whether the shareholders bear the responsibility depends first on the nature of the enterprise. If the enterprise is a limited liability company or a joint stock limited company, the shareholders shall bear limited liability with their share of capital contribution; If the shareholders have fully invested in accordance with the shareholders' agreement, they do not need to bear the responsibility, that is to say, the insolvent shareholders of the company have no obligation to pay off the operating losses. If the shareholder fails to pay the proportion of capital contribution in full before, he/she needs to make up the capital contribution according to the regulations, and he/she is not required to bear the debt liability after making up. According to Article 3 of the Company Law, a company is an enterprise legal person with independent legal person property and 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.
I guarantee personal loan in the name of the company. If the principal debtor is unable to repay the loan, I will ...
(4) The investment of the raised funds conforms to the national industrial policy and the development direction of the industry, and the relevant procedures required are complete. For fixed assets investment projects, it should meet the requirements of the capital system of fixed assets investment projects, and in principle, the cumulative issuance amount shall not exceed 60% of the total project investment. The proportion shall apply mutatis mutandis to those who have acquired property rights (shares). If it is used to adjust the debt structure, it is not limited by this ratio, but the enterprise should provide proof that the bank agrees to repay the loan with debt; Used to supplement working capital, not exceeding 20% of the total amount of bonds issued; -Notice of the National Development and Reform Commission on promoting the development of the corporate bond market and simplifying the issuance approval procedures.
3. What kind of responsibility should I bear if the company fails to repay the loan in my own name as a guarantee?
Lending money to others with their own enterprises as the guarantee, and now that person is bankrupt, everyone should bear joint and several responsibilities and issue loans. Secured loan means that when the borrower fails to provide the mortgaged (pledged) property in full, the third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. A secured loan is a loan in which the borrower's property or the property of a third party is used as the loan guarantee according to the loan contract or the borrower's agreement, and the third party is jointly and severally liable for repayment when necessary. Anyone who is jointly and severally liable must bear full responsibility for the consequences of violating legal obligations. For example: voluntary agreement, * * * joint venture capital operation, * * * joint venture profit and loss sharing risks, unlimited joint liability; In the joint and several liability guarantee, the guarantor is jointly and severally liable for the creditor's rights; Because the power of attorney is unknown, the client shall bear civil liability to the third party, and the agent shall bear joint liability; If the agent colludes with a third party in bad faith and damages the interests of the principal, the agent and the third party shall bear joint liability; The lease contract stipulates that the tenant shall pay the property fee, and the property company can directly collect it from the tenant, but the owner shall bear joint liability; If the driver causes an accident, the owner shall bear joint and several liability; In short, joint liability is the symmetry of joint liability. It refers to two or more debtors, all of whom have the responsibility to repay the same debt. Therefore, secured loans need to bear the risk of repayment for others because the lender goes bankrupt.
4. The company borrows money in my own name, and the company serves as a guarantee. What kind of responsibility should I bear if the company fails to pay?
Even if it is guaranteed, the first payer is you, not the company. If the company is a joint guarantor, if the company you can't repay is a general guarantor, only if you can't repay after the judgment is executed.