Of course. The company needs to bear the responsibility, and then it can seek compensation from the company as a legal person. If it is a limited company, the legal representative acts on behalf of the company, and the repayment responsibility after signing the loan contract shall be borne by the company, and the shareholders shall be liable to the company to the extent of their capital contribution. If it is a partnership, the behavior of the legal representative represents the partnership, and the debts of the partnership are jointly and severally liable by each partner, which is also the fundamental difference between a limited company and a partnership. As long as shareholders have not transferred their shares, they are still shareholders of the company and still have obligations and rights. Article 149 of the Company Law of People's Republic of China (PRC) * * * Directors, supervisors and senior managers who violate laws, administrative regulations or the Articles of Association when performing their duties in the company shall be liable for compensation. Extended Information Article 148 of the Company Law of People's Republic of China (PRC), directors and senior management personnel shall not commit the following acts:
(1) Misappropriation of company funds;
(2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; (four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company; (5) Without the consent of the shareholders' meeting or shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and running the same business as the company he works for; (six) accept the entrustment of others and regard the transaction with the company as your own; (seven) unauthorized disclosure of company secrets; (8) Other acts that violate the obligation of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.
2. Can the legal representative get a loan?
A person whose legal agent can lend money may lend money in his own name. If it lends money in the name of the company, the legal liability shall be borne by the company, because it can constitute an apparent agency.
legal ground
Article 13 of the Company Law of People's Republic of China (PRC)
The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
Article 6 1 of the Civil Code
According to the law, the person in charge who engages in civil activities on behalf of a legal person is the legal representative of the legal person.
The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.
The articles of association of a legal person or the restrictions on the legal representative and representative by the legal person's functions and powers.
3. Can the legal representative get a loan?
You can apply for a corporate loan. The legal representative may apply for personal loans in the name of an individual or a company. If an individual applies for a loan in his own name, he is responsible for repayment. And apply for a loan in the name of the company, then the company will bear the responsibility for repayment. It should be noted that the application conditions and audit standards of personal loans and corporate loans are completely different.
It can be said that the loan amount of personal loans is relatively limited, while the loan amount of corporate loans will definitely be higher than personal loans.
4. Can my company as a legal person get a loan?
If you can get a loan from the bank, don't apply for an online loan.
That's all liars