First, who will bear the responsibility for the accident of the investment guarantee company?
1, if an investment guarantee company has an accident, the legal person or legal representative shall generally bear civil liability.
company law
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys 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.
Article 4 Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.
2. If the unit is suspected of committing a crime, then the unit and the person in charge of the unit can bear the punishment.
In most cases, the criminal law adopts a two-penalty system for unit crimes. In the two-penalty system, the unit is fined, and the fine is unlimited, that is, the amount of the fine is not specified.
In the two-penalty system, the directly responsible person in charge and the directly responsible person are sentenced to punishment. The punishment here includes free punishment and fine, mainly free punishment. If an individual is sentenced to freedom, there are two situations:
(1) In most cases, the punishment is the same as individual crime.
For example, Article 220 of the Criminal Law stipulates: "If a unit commits the crimes specified in Articles 213 to 219 of this section (crime of infringing intellectual property rights-citing explanation), it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this section."
The so-called punishment in accordance with the provisions of this section means punishment in accordance with the provisions of a single crime.
(2) In a few cases, the penalty is lower than that of individual crimes.
For example, if an individual commits bribery, he can be sentenced to death. However, according to Article 387 of the Criminal Law: "State organs, state-owned companies, enterprises, institutions and people's organizations demand or illegally accept other people's property and seek benefits for others. If the circumstances are serious, they shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention."
It can be seen that in the case of the unit committing the crime of accepting bribes, the punishment for the directly responsible person in charge and other directly responsible personnel is far lighter than that for the individual committing the crime of accepting bribes.
(3) In some cases, the criminal law stipulates a single punishment system for unit crimes, that is, only natural persons are punished without punishment for units.
For example, Article 396 of the Criminal Law stipulates: "State organs, state-owned companies, enterprises, institutions and people's organizations privately distribute state-owned assets to individuals in the name of units in violation of state regulations. If the amount is relatively large, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
The criminal subjects stipulated in the criminal law here are state organs, state-owned companies, enterprises, institutions and people's organizations, but only the directly responsible person in charge and other directly responsible personnel are punished, not the unit.
Second, what is the guarantee process of the investment guarantee company?
The guarantee process of an investment guarantee company is as follows:
(1) enterprise application
(2) Accepting the guarantee
(3) Preliminary review of the project
(4) Project review
(5) The general manager's office will review and approve it. The project amount guaranteed by a single enterprise or affiliated enterprise exceeds 65,438+00% (including 65,438+00%) of the paid-in capital of the company. If the guarantee period of a single business exceeds one year, it must be reviewed and approved by the board of directors of the company.
(6) Issuing a letter of intent for guarantee.
(7) signing a guarantee contract
(8) mortgage registration
(9) Signing a formal guarantee contract.
(10) guarantee fee
(11) granting loans
(12) Post-insurance management
(13) compensation and restoration
(14) Termination of guarantee
If an investment guarantee company owes a lot of debts during its establishment, it generally needs the guarantee company to bear the civil liability for debt repayment with all its property. If the guarantee company is the subject of a criminal case, the company and the relevant person in charge may be sentenced to punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 16 of the Company Law of People's Republic of China (PRC), if a company guarantees a company to invest in other enterprises or provide guarantees for others, it shall be decided by the board of directors or the general meeting of shareholders in accordance with the provisions of the company's articles of association;
Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting.
Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph.
The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.