Legal analysis: If the enterprise fails to repay the loan and corporate shareholders fails to fulfill the obligation of capital contribution, he should be liable for breach of contract to the shareholders who have fully contributed.
Legal basis: "Shareholders in China shall pay their subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the transfer of its property rights shall be handled according to law. If the capital contribution is fixed, it shall be paid in full to the company, and the paid-up shares shall also be paid on schedule.
Second, corporate bank loans are not the responsibility of legal persons.
Legal analysis: if the enterprise loan is not repaid, the shareholders of the enterprise should not only repay the company in full, but also bear the liability for breach of contract to the shareholders who have paid the capital contribution in full on time.
Legal basis: Article 28 of the Company Law of People's Republic of China (PRC), shareholders shall pay their subscribed capital contributions in full and on time in accordance with the articles of association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law. Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.
Third, what will happen if the loans of individual industrial and commercial households are not on the legal person?
According to the General Principles of the Civil Law, individual industrial and commercial households are natural persons engaged in industrial and commercial operations within the scope permitted by law, not legal persons. At present, China's laws do not allow individuals to file for bankruptcy, which means that insolvent individuals can only bear unlimited liability for debts with their own property.
Four, the enterprise can not repay the bank loan, what responsibility should the legal person bear?
1. First, classify enterprises. It is a limited liability company, a sole proprietorship company, a partnership or others. Because different companies are different. It is far from the point where banks can apply for bankruptcy liquidation of enterprises. Some bear unlimited joint liability, which can be traced directly to the personal property of shareholders, while others bear all risks only with all your shares in the company. 2. See if there is mortgage, pledge, guarantor, etc. The general way is to apply to the bank for auction of collateral (generally real estate, few movable property, and the mortgage patent right seems to be only done by Beijing guarantee company at present), and the excess money goes to the reduction enterprise. Because it is generally carried out according to 50%~70% of the valuation (villas, industries are generally 50%, businesses are 60%, houses are 70%, and shops facing the street seem to be 60%, I don't remember clearly), so the auction money is generally redundant. If the enterprise applies for bankruptcy by itself, your company has the priority to be compensated for the property originally pledged to your company. 3. Do you mean a legal person or a legal representative in a broad sense? Above. There should be many shortcomings.