Shell companies, also known as shell companies, generally have no fixed assets or current assets, no employees, and no need for business processing. The legal representative of the company is responsible for the needs of the company. Although the legal person of a shell company does not need to make any capital contribution or management, it needs to bear huge risks.
The legal person of the leather bag company will bear the following criminal and civil responsibilities:
1. If the legal person of the leather bag company commits illegal and criminal acts, it shall be sentenced to fixed-term imprisonment according to law; Anyone who uses a leather bag company to defraud shall be punished according to the amount of fraud.
2. If the legal person of the leather bag company uses the company's funds to infringe upon the legitimate rights and interests of the company, it shall bear civil liability for returning the company's property and compensating for the losses according to law. Because a legal person has an independent personality and independent property, it bears external responsibilities with its own property. If the shareholder fails to make capital contribution, he shall bear the responsibility within the scope of capital contribution. If a legal person's own property cannot bear the responsibility, it can be dealt with by applying for bankruptcy or reorganization, and the legal person should bear the responsibility.
To sum up, whether it is a leather bag company or not, as long as it is the legal representative of the company, the decisions and actions made in the name of the company will be regarded as legal acts of the company, and the consequences of its actions will be borne by the company. If the company's behavior is illegal and the legal representative of the illegal unit has accountability provisions, the legal representative will bear legal responsibility for it.
Legal basis:
Article 3 of People's Republic of China (PRC) Company Law
The 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.
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.