What if the company goes bankrupt after financing?
In the investment management of the market, investment has always had certain risks and opportunities. Some people will choose to become shareholders of the company, provide financing support for enterprises, and obtain corresponding income and shares. But financing also has certain risks. So what if the company goes bankrupt after financing? This problem is explained as follows. 1. What if the company goes bankrupt after financing? Take the registered capital as the bottom line of debt compensation, that is, what is the registered capital, and pay the debt according to the registered capital. As a shareholder, he shall bear the responsibilities according to the capital contribution, and as a legal person, he may bear the relevant responsibilities by signing and sealing. Generally speaking, limited liability companies do not need to be responsible for the means and forms of financing. However, if there are illegal acts in the process of financing (such as fraudulent loans) and bankruptcy is not due to legitimate reasons, it will be handled according to relevant laws (such as loan fraud, 10 years imprisonment). Second, the solution of debt repayment ability: in practice, there are two different situations in which the debtor is unable to repay: one is temporarily unable to repay. If this is the case, it can be repaid by the debtor in installments. The other is permanent inability to repay. If it cannot be paid off permanently, it can only be paid off with the debtor's personal existing property. If someone doesn't pay you back the money due, you can directly apply to the court for issuing a payment order to pay him back. Application for payment order is called supervision procedure in litigation, which applies to monetary debt and securities debt. The creditor-debtor relationship between the parties should be clear, and the creditors should have sufficient evidence, such as IOUs and IOUs. Moreover, one party simply enjoys rights, the other party simply assumes obligations, and both parties have no debts to each other. In addition, the debtor should live in China and have a clear address so that the payment order can be served directly. If these conditions are met, the creditor can write an application, attach evidence and ask the court to issue a payment order without prosecution. If the other party does not raise any objection within 15 days after the payment order is issued, the creditor may apply to the court for enforcement. If the other party raises an objection within 15 days, the payment order will automatically become invalid. At this point, creditors can only sue for debt collection through litigation. Article 675 of the Civil Code (effective from 202 1 1) 6868 The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time. Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state. In a narrow sense, financing is the behavior and process of raising funds for enterprises. That is to say, according to the production and operation status, capital ownership status and the needs of future business development of enterprises, through scientific prediction and decision-making, we can raise funds from investors and creditors of enterprises through certain channels and organize the supply of funds to ensure the normal production needs and financial management activities of enterprises. The motivation of the company to raise funds should follow certain principles and be carried out through certain channels and ways. From the above, it can be concluded that the problem of how to close down after financing needs to be analyzed in combination with the actual situation of the company. Generally speaking, when a company goes bankrupt, it needs to be judged according to the legality of the company's financing method, and the legally financed shareholders need to apply to the court for compulsory compensation. Enterprise financiers who are unable to repay their debts have the right to bring a lawsuit.