Legal analysis: whether to hang?
First of all, in civil and economic aspects:
1. As the "legal representative" of a limited liability company with more than two shareholders, when the company is in external debt, it is not liable for repayment with itself. this
2. As the "legal representative" of a sole proprietorship enterprise, when the company is in external debt, it must bear all risks by itself.
3. As the "legal representative" of a one-person limited liability company, the company's external liabilities are, in principle, limited to the company's property. However, if the company's property cannot be distinguished from the shareholders' personal property, the shareholders may be jointly and severally liable for the company's debts.
2. Criminally: If there are companies acting as legal representatives, such as bank loans, insurance benefits, illegal fund-raising, etc. At this time, as a legal representative, if he knows this situation, he may have to bear criminal responsibility for it.
Legal basis: People's Republic of China (PRC) Company Law.
Article 27 stipulates that "the people will not support the company's creditors who demand that they make up the outstanding part of the company's debts within the scope of outstanding principal and interest on the grounds that they are only nominal shareholders rather than actual investors." After assuming the liability for compensation, the people should support the recovery from the actual investor. " Therefore, as a nominal shareholder, it is still responsible.
Second, does the company bear the responsibility as a legal person?
1. What responsibilities does the legal representative of the company need to bear? 1. The legal representative of an enterprise has to bear different legal responsibilities on different occasions and has different types. If the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the enterprise in the future; If an enterprise violates the relevant laws and regulations, it may restrict the person of the legal representative. If it refuses to execute the judgment, the legal representative will be detained; If a legal person commits a crime, the legal representative will be subject to criminal punishment, and so on. The above is just a list, not complete.
2. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, unless the legal representative has dereliction of duty, the severity reaches the level of criminal law investigation or administrative sanctions should be given;
3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.
Second, is the company's debt borne by the legal representative? No, the company is an independent legal person, and the debts are borne by the company alone. The company is an enterprise legal person, has independent legal person property, and is liable for the company's debts with all its property. The legal representative of the company is only an agent who handles the company's affairs and is not responsible for the company's debts. However, if the legal representative is a shareholder of the company, he needs to be responsible for the company to the extent of his subscribed capital contribution.
Article 3 of the Company Law stipulates that a 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.
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.
Legal representative: /gongshang/fddb/
3. Does the company need to be held accountable by the former legal person?
It depends on whether your experience happened in your predecessor's period or whether there is any connection. If so, your predecessor will take responsibility.
This should be analyzed in detail. Under normal circumstances, once the company is applied for execution, the current legal representative may be pulled into the list of dishonesty, and the former legal representative is generally fine.
See if it happened during your tenure.
4. What is the responsibility of the enterprise as a legal person for paying the loan?
The legal representative refers to the person in charge, who should take full responsibility when the accident party cannot be found or cannot bear the responsibility.