If the legal representative and other staff members of an enterprise as a legal person engage in business activities in the name of a legal person and cause economic losses to others, the enterprise as a legal person shall bear civil liability. After a legal person assumes responsibility for a third party, it may claim compensation from the legal representative or other staff at fault. The legal representative may individually or jointly bear the civil tort liability for infringing the property of the unit. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's responsibility, it may impose administrative sanctions and fines on the legal representative, and if the case constitutes a crime, it shall be investigated for criminal responsibility according to law:
(1) engaging in illegal business beyond the business scope approved and registered by the registration authority;
(2) Concealing the real situation from the registration authority or the tax authority or practicing fraud;
(3) Evading funds or hiding property to avoid debts;
(4) Disposing of property without authorization after dissolution, cancellation or bankruptcy;
(5) Failing to apply for registration and announcement in time at the time of alteration or termination, thus causing great losses to the interested parties;
(six) to engage in other activities that harm the national interests or social public interests prohibited by law.
Second, what is the responsibility of the limited company?
The responsibility of a limited liability company is: as an independent legal person, a limited liability company is liable for the company's debts with all its property. Shareholders of a limited liability company are only liable to the company to the extent of their subscribed capital contribution.
Three. The responsibility of a company as a legal person
The Civil Code stipulates: "According to the law or the articles of association of a legal person, the person in charge who exercises authority on behalf of the legal person is the legal representative of the legal person." In other words, as the legal representative, he must be the person in charge of the legal person organization and be able to exercise his functions and powers on behalf of the legal person. The legal representative can be a director or manager, or a chairman or director-general, depending on how the law or the articles of association stipulate.
The legal representative of the company independently enjoys civil rights and obligations on behalf of the company, which has many legal risks. In case of violation of relevant laws and regulations, the legal representative shall bear corresponding legal responsibilities.
legal ground
Criminal law of the people's Republic of China
Thirtieth companies, enterprises, institutions, organs, organizations to commit acts that endanger society, the law stipulates that a unit commits a crime, and shall bear criminal responsibility.
Article 31 If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.