(1) The civil liability of the shareholders of a limited liability company, the controlling shareholder of a joint stock limited company or the legal representative of the company's actual controller: According to Article 20 of the Company Law, if the shareholders of a company abuse the independent status of a company as a legal person and the limited liability of shareholders, they will be jointly and severally liable for the debts of the company, thus seriously damaging the interests of the company's creditors.
(2) Civil legal liability of the legal representative of the company as a senior manager of the company: According to the Company Law, 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.
(B) the legal risks of criminal responsibility
According to the provisions of the Criminal Law, if calculated according to the charges, the crimes committed by the legal representative of the company mainly focus on economic crimes, among which the common crimes that may be committed are: tax evasion, misrepresentation of registered capital, withdrawal of capital contribution, false capital contribution, duty embezzlement, misappropriation of funds and so on.
(C) the legal risks of administrative responsibility
If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's responsibility, the legal representative may be given administrative sanctions and fines. If the case constitutes a crime, criminal responsibility shall be investigated 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 and the tax authority and 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; (6)
Legal basis: Article 62 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the legal representative causes damage to others when performing his duties, the legal person shall bear civil liability.
After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.