Hello, here are some opinions given in class, hoping to help you.
If the company loan is not repaid, do shareholders have joint and several liability for repayment? Divided into two situations:
Case 1: There is no joint liability for repayment.
If the loan is made in the name of the company, it will be divided into situations where shareholders do not need 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 will not be liable, that is to say, the insolvent shareholders of the company have no obligation to pay off. 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.
Case 2: There are joint and several repayment liabilities.
Need to bear the responsibility of repayment. 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.
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Second, do corporate loan shareholders need to take responsibility?
Legal analysis: according to the relevant laws of our country, enterprises borrow money from banks, and the property of the enterprises shall bear the responsibility; Where a shareholder provides a guarantee for an enterprise loan and bears joint and several liabilities, the shareholder shall be responsible for paying off the debts.
Legal basis: People's Republic of China (PRC) Company Law.
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys 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.
Article 28 Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law.
Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.
If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
3. What responsibilities do shareholders need to bear when a legal person runs away after applying for a loan for an enterprise?
Limited to the company's shares and bear the company's debts.
The company is limited to all its assets and bears limited liability for the company's debts.
Fourth, hello, do the shareholders of the company bear the loan responsibility of the bank?
It depends on what the loan is used for. If it is used for corporate business, it is equivalent to corporate loans.