1. If there is no false capital contribution or withdrawal of capital contribution by shareholders, shareholders do not need to bear direct responsibility for the debts of the company. The legal representative is generally not responsible for the debts of the company.
2. If the company is unable to repay the loan, the directors who are directly responsible for the company's losses shall be liable for compensation. The legal person can be changed during the operation period, but the procedures prescribed by law need to be fulfilled. The legal representative who is personally responsible for the bankruptcy of the company shall not be the legal representative of the newly established company within a certain period of time. There is no need to bear civil liability.
The legal representative of the company signed a contract on behalf of the company and promised to perform certain obligations, which should be borne by his company, not by individuals.
Company loan application conditions:
1, which conforms to the national industry and industrial policy and does not belong to small enterprises with high pollution and high energy consumption;
2. The enterprise has a good reputation in various commercial banks and has no bad credit record;
3. Having a business license approved and registered by the administrative department for industry and commerce, and passing the annual inspection;
4, there is a necessary organization, management system and financial management system, a fixed foundation and business premises, legal operation, products have market and benefits;
5. Have the ability to perform contracts and repay debts, have a good willingness to repay, have no bad credit record, and credit asset risks are classified as normal or non-financial factors;
6. The operator or actual controller has more than 3 years of working experience, good quality and no bad personal credit record;
7. The enterprise operates steadily, the establishment period is in principle more than 2 years (inclusive), and there are at least one or more financial reports for one fiscal year, and the sales revenue growth and gross profit are positive for two consecutive years;
8, in line with the establishment of small business related industry credit policy;
9. Abide by national financial regulations and policies and relevant bank regulations;
10. Open a basic settlement account or a general settlement account with the applicant bank.
To sum up, if the convening procedures and voting methods of the shareholders' meeting or the shareholders' general meeting or the board of directors violate laws, administrative regulations or the articles of association, or the contents of the resolution violate the articles of association, the shareholders may request the people's court to cancel it within 60 days from the date of making the resolution. Where a shareholder brings a lawsuit in accordance with the provisions of the preceding paragraph, the people's court may, at the request of the company, require the shareholder to provide corresponding guarantees.
Legal basis:
Article 20 of the Company Law of People's Republic of China (PRC)
Shareholders of the company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.
Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law.
Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.