There are two situations to consider here. The Interpretation of the Supreme People on Several Issues Concerning the Implementation of the Guarantee Law of People's Republic of China (PRC) stipulates: "If the mortgagor leases the mortgaged property, the lease contract will not be binding on the transferee after the mortgage right is realized. If the mortgagor fails to inform the lessee in writing that the mortgaged property has been mortgaged when leasing the mortgaged property, the mortgagor shall be liable for the losses caused to the lessee by leasing the mortgaged property; If the mortgagor has informed the lessee in writing that the property has been mortgaged, the losses caused by the realization of the mortgage right shall be borne by the lessee. "
Second, the company's equity mortgage loan is the responsibility of the legal representative! Please reward high scores. ...
The first thing depends on the nature of your company. Generally speaking, the company's responsibilities are assumed in accordance with the articles of association, and the general limited liability company assumes limited liability according to the proportion of capital contribution. You assume as much responsibility as you nominally occupy in the company's capital contribution. With regard to a joint stock limited company, the shares subscribed by the shareholders of the company recorded in the share capital shall bear limited liability for the debts of the company.
Third, the loan to the bank in the name of the company has not been repaid. What responsibility should the legal representative bear? Do you want to use your own private assets to repay?
The key to this situation depends on whether you are a shareholder of the company and the nature of the company. If the company is a limited liability company and you are a shareholder of the company, you need to bear the responsibility within the scope of your capital contribution; If you are not a shareholder, but a simple legal person, you don't have to bear any responsibility.
1. First, classify enterprises. It is a limited liability company, a sole proprietorship company, a partnership or others. Because different companies are different. It is far from the point where banks can apply for bankruptcy liquidation of enterprises. Some bear unlimited joint liability, which can be traced directly to the personal property of shareholders, while others bear all risks only with all your shares in the company.
2. See if there is mortgage, pledge, guarantor, etc. The general way is to apply to the bank for auction of mortgaged property, and the excess money will be returned to the restoration enterprise. Because it is generally carried out according to 50%~70% of the value assessment, the auction money will generally be redundant. If the enterprise applies for bankruptcy by itself, your company has the priority to be compensated for the property originally pledged to your company.
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Shareholders of a joint stock limited company shall be liable for the debts of the company after bankruptcy to the extent of their shares. As a legal person, a company should bear the responsibility of paying off debts with all its assets, and creditors also have the right to demand paying off debts with all its assets.
When the company's assets are insufficient to pay off all the debts, the company's creditors may not require the company's shareholders to bear responsibilities other than their capital contribution obligations, and may not transfer their debts to the shareholders.
In addition, Article 20 of the Company Law revised in 2005 stipulates: "Shareholders of a company shall abide by laws, administrative regulations and 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. "