Is the corporate debt borne by the legal person or the shareholders?

It generally depends on the nature and composition of the company. For a limited company composed of shareholders, the company's debts are borne by the legal person and shareholders, while for private enterprises, they are borne by their legal persons. According to the relevant laws and regulations, the company, as a legal person with independent property, is liable for the company's debts; In addition, the shareholders of a limited company should also bear part of the company's liabilities.

Legal analysis

A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. The company belongs to a legal person. Companies engaged in business activities must abide by laws, administrative regulations, social ethics and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities. The legitimate rights and interests of the company are protected by law and shall not be infringed. Shareholders, that is, investors or investors of joint-stock companies. The main rights of shareholders are: 1. Participate in the shareholders' meeting and have the right to vote on major issues of the company; Second, the voting rights of directors and supervisors of the company; 3. Distribute the company's profits and enjoy the right to share dividends; 4. Issuing stock creditor's rights; 5. The right to request the transfer of shares; 6. Creditor's rights of bearer shares to registered shares; 7. The right to dispose of the remaining property when the company fails to operate, declares closure or goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders. The relevant obligations of shareholders are: 1. Abide by laws, administrative regulations and the articles of association; Two, pay the capital contribution in full and on time, and shall not withdraw the capital contribution; 3. Do not abuse the rights of shareholders to harm the interests of the company or other shareholders; Should be liable for compensation according to law. Four, shall not abuse the company's independent legal person status and the limited liability of shareholders to harm the interests of the company's creditors. 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.

legal ground

Article 3 of the Company Law of People's Republic of China (PRC) 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. 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.