(1) The legal representative of the company shall be the chairman, executive director or manager according to the articles of association. Therefore, the legal representative of the company should first assume the responsibilities as a director and senior manager (see Chapter VI of the Company Law for details).
(two) in addition, it is also necessary to bear the responsibilities stipulated in Article 49 of the General Principles of the Civil Law of People's Republic of China (PRC). Article 49 If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's liability, it may impose administrative sanctions and fines on its legal representative, and if the case constitutes a crime, it shall be investigated for criminal responsibility according to law:
1, engaging in illegal business beyond the business scope approved and registered by the registration authority;
2. Concealing the truth from the registration authority or the tax authority or practicing fraud;
3. Withdrawing funds or hiding property to avoid debts;
4. Disposing of property without authorization after dissolution, cancellation or bankruptcy;
5. Failing to apply for registration and announcement in time at the time of change or termination, causing great losses to the interested parties;
6, engaged in other activities prohibited by law, damage the national interests or social public interests.
Under special circumstances, you need to bear joint and several liability:
1. Abide by the Articles of Association;
2. Pay the subscribed capital contribution on schedule;
3. Limited liability for the company's debts; Shareholders of a limited liability company are only indirectly liable for the company's debts to the extent of their capital contribution, that is, shareholders do not have to be liable for the company's debts with their own personal property.
4. Help to fulfill obligations; Under the following circumstances, the shareholders of a limited liability company shall bear the obligation of capital contribution: when the company is established, if the shareholders make capital contribution in kind, industrial property rights, non-patented technology and land use rights instead of money, and the actual price after evaluation and pricing is obviously lower than the price evaluated in the company's articles of association, the contributing shareholders shall make up the difference, and other shareholders shall bear joint and several liabilities.
5. Additional capital contribution obligations; Additional capital contribution means that in addition to their respective capital contributions, the shareholders' meeting can also make a resolution to require shareholders to pay more than their capital contributions. The obligation of additional capital contribution is one of the articles of association of the company, that is, the company law does not list its contents, but it will take effect once it is recorded.
6. After the company is approved and registered, it shall not withdraw its capital contribution without authorization;
7. Honest trust in the company and other shareholders;
8. Other obligations that should be performed according to law.
Legal basis:
Company Law of the People's Republic of China
Article 93 After the establishment of a joint stock limited company, if the promoters fail to make full capital contribution in accordance with the provisions of the articles of association, they shall make up the capital contribution; Other promoters shall bear joint and several liability. If it is found that the actual price of non-monetary property as capital contribution is obviously lower than the amount stipulated in the company's articles of association, the promoters who delivered the capital contribution shall make up the difference; Other promoters shall bear joint and several liability.
Article 94 The promoters of a joint stock limited company shall bear the following responsibilities:
(1) When the company cannot be established, it shall be jointly and severally liable for the debts and expenses arising from the establishment;
(2) When the company cannot be established, it shall be jointly and severally liable for the return of the share capital paid by the subscribers, plus the interest on the bank deposits for the same period;
(3) If the interests of the company are damaged due to the fault of the promoters during the establishment of the company, it shall be liable for compensation.