How to deal with the bankruptcy liquidation of enterprises?
1, if the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the enterprise in the future; If an enterprise violates the relevant laws and regulations, it may restrict the person of the legal representative. If it refuses to execute the court judgment, the legal representative will be detained; If a legal person commits a crime, the legal representative will be subject to criminal punishment;
2. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, if the legal representative has dereliction of duty, the severity will reach the level of criminal law investigation or administrative sanctions should be given;
3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.
According to Article 125 of the Enterprise Bankruptcy Law, directors, supervisors and senior managers of an enterprise shall bear civil liability according to law if they violate their duty of loyalty and diligence, thus causing the enterprise to go bankrupt. Persons under the circumstances specified in the preceding paragraph shall not serve as directors, supervisors or senior managers of any enterprise within three years from the date of the end of bankruptcy proceedings.
Because the legal representative must have one or more identities of "director, supervisor or senior manager", if he is identified as "violating the duty of loyalty and diligence, which leads to the bankruptcy of his enterprise", he may bear civil liability. And it will have an impact on future appointments. P.S. In China, in the past and now, basically only state-owned enterprises and collective enterprises have gone through bankruptcy procedures because of government intervention, while private enterprises have simply forgotten about it after financial collapse, and even refused to perform bankruptcy liquidation obligations after their licenses were revoked. Therefore, in practice, this article rarely applies.
Enterprise bankruptcy liquidation legal person doesn't know what to do, what impact it has, etc. For your own benefit, you'd better know the relevant legal relationship and the legal consequences.