Legal person and company are two different legal subjects, and the personal debts of legal person should be borne by individuals, which should not affect the normal operation and property rights of the company.
I. Legal Status of Legal Persons and Companies
Legal person and company are two different legal subjects, each with independent legal status and property rights and interests. As a natural person, a legal person's personal debts should be borne by individuals and should not involve company property. As an independent legal person, the company's property and rights are protected by law and cannot be illegally violated.
Second, the independence of personal debts and corporate accounts.
The debt owed by a legal person is a legal person's debt problem, which is not directly related to the company's account and property. The company's accounts and property are the basis of the company's operation, and their use and management shall comply with the provisions of relevant laws and regulations and the company's articles of association. Therefore, the personal debt of a legal person should not directly lead to the freezing of the company account.
Third, the legal procedures for resolving debt disputes.
Debt disputes between legal persons and creditors shall be settled through legal procedures. Creditors can apply to the court for debt collection through prosecution, and the court will make a judgment and execute it according to law after examination. In the process of implementation, if it is really necessary to freeze the relevant property, it should also be done according to law, and the company account should not be frozen at will.
To sum up:
Company accounts cannot be frozen directly, because legal persons and companies are two different legal subjects, each with independent legal status and property rights. Debt disputes between legal persons and creditors shall be settled through legal procedures, and the property rights and interests of the company shall not be infringed at will.
Legal basis:
Company Law of the People's Republic of China
Article 3 provides that:
The 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.
People's Republic of China (PRC) Civil Procedure Law
Article 10 1 stipulates:
If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the preserved property is located, where the respondent has his domicile or has jurisdiction to take preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected.
People's Republic of China (PRC) Civil Code
Article 1 10 stipulates:
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.