May I? Being a legal person is not enough.
2. Can corporate shareholders, an unwitting company, borrow money in the name of the company?
The behavior of the legal representative of the company should belong to embezzlement of public funds or occupation of duty, and should be handled by the police. If the lender of its loan does not collude with it maliciously, it should belong to a bona fide third party. The company can't refuse to repay the loan in the name of the company on the grounds that other shareholders don't know, but other shareholders of the company have nothing from beginning to end, as long as other shareholders have completed their capital contribution obligations to the company, they can be exempted. Even if the subscribed capital contribution obligation is not fulfilled, it only needs to be responsible to the company within the scope of principal and interest of the capital contribution. Moreover, according to the topic, it is obviously not the case that shareholders abuse their rights to damage the company, so there is no need to consider piercing the veil of the company. To sum up, it is inevitable for the company to repay as an enterprise legal person, but the company can apply for civil compensation from the personal estate of the deceased legal representative. If it is really impossible to repay, you can apply for bankruptcy. Expect an authoritative answer from professionals.
3. Can legal persons use corporate loans?
Can a legal person use a company loan 1. Legal persons can use corporate loans. The company needs to bear the responsibility, and then it can seek compensation from the company as a legal person. If it is a limited company, the legal representative acts on behalf of the company, and the repayment responsibility after signing the loan contract shall be borne by the company, and the shareholders shall be liable to the company to the extent of their capital contribution. If it is a partnership, the behavior of the legal representative represents the partnership, and the partners are jointly and severally liable for the debts of the partnership. 2. Legal basis: Article 3 of the Company Law of People's Republic of China (PRC) defines a company and the responsibilities of shareholders. A 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 149 Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties shall be liable for compensation. Second, what are the conditions for the loan? The loan requires the following conditions: 1. The party concerned is a person with full capacity for civil conduct; 2. The purpose of the loan is clear and legal; Reasonable loan requirements; 3. Have the willingness and ability to repay; 4. The credit status is good, and there is no major bad credit record.
4. Can a company as a legal person apply for a loan in the name of the company?
Legal analysis: Yes. The company needs to bear the responsibility, and then it can seek compensation from the company as a legal person. If it is a limited company, the legal representative acts on behalf of the company, and the repayment liability after signing the loan contract is limited to the amount of capital contribution and is responsible to the company. If it is the debt of a partnership, a legal person enterprise or a partnership enterprise, all parties shall bear the responsibilities, and it is also the root stock of a limited company and a partnership enterprise, and the shareholders of the company still have rights.
Legal basis: People's Republic of China (PRC) Company Law.
Article 148 Directors and senior management personnel shall not have subordinate relations.
(1) Misappropriation of company funds;
(2) Opening an account for the company's funds in its own name or in the name of other individuals.
(3) Lending company funds or providing company property to others in violation of the consent of the shareholders' meeting or the board of directors.
(four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company;
(five) without the consent of the shareholders' meeting or the shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others and run the same business as the company he works for;
(6) take it for yourself;
(seven) unauthorized disclosure of company secrets;
(8) Violation of publicity
The income of directors and senior managers who violate the provisions of the preceding paragraph shall be returned to the company.
Article 149 Directors and supervisors who violate laws, administrative regulations or the Articles of Association and cause losses to the Company shall be liable for compensation.