There are three situations for your reference: whether the company loan is not repaid, and whether the shareholders are jointly and severally liable for repayment:
1. Shareholders are not required to bear the repayment responsibility.
First of all, it depends on the nature of the enterprise. If the enterprise is a limited liability company or a joint stock limited company, the shareholders shall bear limited liability with their share of capital contribution. If the shareholders have fully contributed their capital in accordance with the shareholders' agreement, they do not need to bear the responsibility, that is to say, the insolvent shareholders of the company have no obligation to pay off the operating losses. If the shareholder fails to pay the proportion of capital contribution in full before, he/she needs to make up the capital contribution according to the regulations, and he/she is not required to bear the debt liability after making up.
2. Shareholders are required to bear the repayment responsibility.
If the enterprise is a partnership, then the shareholders need to bear the repayment responsibility. According to Article 2 of the Partnership Enterprise Law, a general partnership enterprise is composed of general partners, and the partners are jointly and severally liable for the debts of the partnership enterprise, that is, no matter what your contribution ratio is, once the debts of the enterprise cannot be paid off, the partners and shareholders will bear unlimited liability for compensation. The unlimited repayment liability mentioned here means that if the assets of the enterprise are insufficient to repay the debts of the enterprise, it will be added to the personal assets of shareholders to pay off the debts of the enterprise.
3. The guarantee needs to bear the repayment responsibility.
Sometimes, although the loan is made in the name of an enterprise, the lending institution will add a legal person or shareholder as a guarantor. If a shareholder makes a guarantee in the process of enterprise loan, he must bear the guarantee responsibility. If the enterprise can't repay the loan normally, the shareholders who make the guarantee must bear the repayment responsibility.
Reply time: 2022-0 1-07. Please refer to the latest business changes announced by Ping An Bank in official website.
The company borrows money in the name of employees. What if there is a problem?
The borrower of a loan contract has the obligation to pay off the debts, and the employee may refuse to sign the loan contract.
It is recommended not to lend money to the company in your own name. If the company fails to repay the loan, the bank will only hold the employee personally responsible, not the company, because the employee is the lender and the first responsible person. If the company breaches the contract, the employees can only bear it themselves, and loans overdue will also bring bad credit records to individuals.
Tips: The above information is for reference only. Lending is risky, so choose carefully.
Reply time: 202 1-07-08. Please refer to the latest business changes announced by Ping An Bank in official website.
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Is it illegal for a labor law company to let employees negotiate loans for the company in their own names?
It is not illegal for a labor law company to let employees borrow money for the company in their own names. This practice is legal as long as employees are willing. The borrower of a loan contract has the obligation to pay off the debts, and the employee may refuse to sign the loan contract. If the company does not repay, the bank will only pursue the responsibility, not the company. If the company breaches the contract, it can only bear it by itself. Such a bad credit record will bring great inconvenience to loans such as buying a house and buying a car.
Legal analysis
There is no relevant regulation that employees must borrow money from the company. First of all, employees have no obligation to provide loans for the company's business activities, and the company has no right to make such requests. The company's behavior of forcing employees to go against their true meaning is invalid or revocable in civil legal relations. This kind of coercion, if manifested in the signing and performance of labor contracts, is also invalid, and workers can appeal to the labor arbitration department according to law. The actor should determine for himself that the ultimate legal significance is not the requirement of the company. Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; The employer is exempted from legal responsibility and excludes the rights of workers; The company shall not violate the mandatory provisions of laws and administrative regulations. Disputes arising from the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people. You can't ask employees to lend money for the company on the grounds that the company lacks funds.
legal ground
Article 186 of the Company Law of People's Republic of China (PRC) * * * After clearing up the company's assets, preparing the balance sheet and list of assets, the liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, shareholders' meeting or people's congress for confirmation. After paying the liquidation expenses, employees' wages, social insurance expenses and statutory compensation, paying the taxes owed and paying off the company's debts, the company's property shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares of shareholders of a joint stock limited company. During the liquidation period, the company shall survive, but shall not carry out business activities unrelated to liquidation. The company's property shall not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.
The company bought a car in my name, and now the loan has not been paid back. The loan is in my name. What should I do?
You have the responsibility to pay back the money first and then recover it from the company. You can go to your company. After all, it's a company car, so let the company give it to you.
No matter what reason you borrow money with your ID card, as long as you sign a loan agreement with the lender, you are the borrower and the person who has a loan relationship with the lender. According to the relativity of the contract, you have the obligation to repay in full and on time as agreed, and the other party has the right to ask you to repay through judicial channels.
It's just that you can keep the evidence related to your repayment on behalf of the company in this process in order to recover it.
Consumer loans to buy a car must pay attention to three points:
First, after enjoying the "zero-interest-free loan" of the merchants, can you still enjoy the preferential price of the car?
Secondly, the car loan fee in the market a few days ago was in the range of 4%~7.5%, whether it was interest-free and fee-added;
Third, the general car purchase interest rate is charged according to the bank benchmark interest rate. Regardless of whether the handling fee is unavoidable, the interest is floating on the basis of the bank's benchmark interest rate. At the same time, due to the choice of loans, new car insurance must be "fully insured", which will result in a large premium expenditure.
Someone else's company borrowed money in my name. Do I need to pay attention? Is there any risk?
1. The risk that someone else's company borrows money in its own name is that once the backdoor company handles the loan in the bank, from a legal point of view, the company will bear the responsibility of using and repaying the loan, and such a loan is untrue, so it should also bear the responsibility of fraudulent loans and be punished as finance. Therefore, your company should bear economic and legal responsibilities.
2. A company as a legal person refers to an enterprise organization established in accordance with the Company Law, which has independent property, can enjoy civil rights and assume civil obligations in its own name, and bear civil liability for the debts of the company with all its property.
3. Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development; At the same time, banks can also obtain loan interest income and increase their own accumulation.
This is the end of the introduction about the company lending in my name, and what to do if the company doesn't lend in my name now. I wonder if you have found the information you need?