Lending in the name of the company, if the company goes bankrupt and can't repay the loan, will the company be jointly and severally liable as a legal person?

Lending in the name of the company, if the company goes bankrupt and can't afford the loan, what joint liability will the company have as a legal person?

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According to the description of the subject, the company where you are a legal person is a limited liability company. Then, according to the provisions of the company law, the shareholders of a limited liability company should bear the responsibility of repayment within the scope of capital contribution. Therefore, once the company goes bankrupt, you only need to pay off within the scope of your investment, and you don't need to bear joint liability.

Of course, if you, as a company legal person, have obvious business mistakes in management, or use your legal status to take the company's property or creditor's rights as your own, it will cause other legal responsibilities and even serious criminal offences.

In the case that the company's finance is confused with your personal assets, as a company legal person, you need to bear unlimited joint and several liability to the creditors of the bankrupt enterprise.

2. Does the company need to repay the loan to the bank after declaring bankruptcy?

Spread out completely

Yes

After the enterprise goes bankrupt, all it loses is the shareholders' investment. Creditors should have priority in obtaining compensation from the remaining assets. Bank loans belong to bonds and have higher priority.

Three, due to policy reasons, the enterprise goes bankrupt, should the bank loan owed be repaid?

After the bankruptcy of collective enterprises, the mortgage guarantee on loan debts will naturally disappear through liquidation procedures.

4. Should the bank loan be repaid after the enterprise goes bankrupt?

After the enterprise goes bankrupt, the bank loan has to be repaid. Creditors who have a security right over the bankrupt's specific property have the priority to be compensated for that specific property. If the bank loan belongs to ordinary bankruptcy claims, it shall be paid off in the order prescribed by law. According to Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China, the bankrupt property shall be paid off in the following order after paying off the bankruptcy expenses and beneficial debts first: (1) The wages, medical care, disability allowance and pension expenses owed by the bankrupt to employees shall be included in the basic old-age insurance and basic medical insurance expenses of employees' personal accounts, as well as the compensation that should be paid to employees according to laws and administrative regulations; (2) Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph; (3) Ordinary bankruptcy claims. If the bankruptcy property is insufficient to pay off the repayment requirements in the same order, it shall be distributed in proportion. The wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise.