Legal analysis
The death of the legal representative does not affect the creditor's rights and debts of the enterprise. The arrears and loans originally belonging to the enterprise are still borne by the original enterprise. Whether you are a shareholder or a legal representative, you must first distinguish between personal debt and corporate debt. If it is a company debt, the death of the legal representative will not affect the debt, which should be borne by the company. If it is the personal debt of the legal representative, it should be paid off from his estate after his death. If the husband and wife are in debt, the wife is also responsible for paying off. If the legal representative and other staff members of an enterprise as a legal person engage in business activities in the name of a legal person and cause economic losses to others, the enterprise as a legal person shall bear civil liability. After a legal person assumes responsibility for a third party, it may claim compensation from the legal representative or other staff at fault. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. Although the legal representative of the company can be stipulated in the company's articles of association, the provisions in this company's articles of association are not completely free. Shareholders of the company can only choose between the chairman (executive director if there is no board of directors) and the manager, and the legal representative can only be a natural person. The articles of association shall not stipulate that the board of directors or the management team collectively exercise the functions and powers of the legal representative.
legal ground
Company Law of the People's Republic of China
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys 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 20 Shareholders of a company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.
Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.