Generally borne by the company's personal property, the general legal person does not bear. The company has an independent personality, and the legal representative, as a natural person, does not need to bear the debts of the company, but the changed legal person should bear the debts of the original company.

In contemporary society, we all know that we have to repay the loan, but in our real life, many people have not repaid the loan, sometimes even the loan of the enterprise entity. Then, according to the law, how can corporate loans bear legal responsibility? Then, the next small series will introduce the relevant knowledge in detail. 1. According to the law, how do corporate loans bear legal responsibilities? The legal representative of the enterprise shall not be liable for repayment. The premise is that the enterprise has no illegal acts such as false capital contribution, withdrawing funds or transferring assets. Otherwise, the shareholders or legal representatives of the enterprise may have to bear corresponding responsibilities. If a crime is involved, then the legal person will bear legal responsibility. The legal person is responsible for the company. Loans in the name of the company shall be borne by the company's property. If a loan is made in the name of an individual, it shall be liable with personal property. The loan of the enterprise is repaid by the enterprise. Saying that you are a "legal person" is actually a slip of the tongue. A person who calls himself a "legal person" should actually be a "legal representative". The Company Law stipulates that 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. In fact, a "legal person" is an "organization" with civil rights and capacity for civil conduct, which independently enjoys civil rights and undertakes civil obligations according to law. What Bian Xiao wants to remind is that a "legal person" is not a person, but an economic organization. For example, your company is a "legal person". It is important to understand the difference between "legal person" and "legal representative". The legal representative of the company signs a contract on behalf of the company and promises to perform certain obligations, which should be borne by his company, not by individuals. In addition, we should also pay attention to whether the bank requires the legal representative of the enterprise and the shareholders to provide personal guarantees respectively when lending. If the lender provides personal guarantees, it is also responsible. 2. What if the corporate legal person can lend money in the name of the company without permission? 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 debts of the partnership are jointly and severally liable by each partner, which is also the fundamental difference between a limited company and a partnership. As long as shareholders have not transferred their shares, they are still shareholders of the company and still have obligations and rights. Article 149 of the Company Law Directors, supervisors and senior managers who violate laws, administrative regulations or the provisions of the Articles of Association when performing their duties in the company shall be liable for compensation. First of all, under normal circumstances, the legal representative of the enterprise does not need to bear the legal responsibility for repayment, but if it involves criminal responsibility, it needs the legal person of the enterprise to be responsible. Maybe you're still vague about somewhere. Please consult your local lawyer.

2. Can a one-person limited liability company obtain a sole proprietorship loan?

can

Conditions to be met by enterprise loans

The so-called enterprise loan is a kind of loan specifically for enterprises. Like other loans, the quality and procedures of enterprises are the same, so enterprises as legal persons can also make loans.

enterprise legal person

1, the enterprise applying for loan needs to be registered in the administrative department for industry and commerce for more than 1 year, and it is

2. The enterprise as a legal person shall start the loan business at the loan handling bank for at least 1 year;

3. The enterprise's billing right in the last six months;

4. All kinds of arrears (except normal payables) not incurred by the enterprise as a legal person;

5. The corporate debt ratio cannot exceed 50%;

6. The management personnel of the enterprise as a legal person have good tax payment, financing and business credit in the past three years, and have no bad records.

Materials required for company loans

1, submit basic information

The applicant's second-generation ID card and personal address certificate (including various daily expenses such as water and electricity charges and enterprise legal person certificate) must be submitted. The certificate must be legal, authentic and valid.

2. Submit business certificate and income certificate.

Submit account flow information related to the country and the last 6 months.

3. Submit proof of property

It is mainly to provide tickets and loan contracts to prove that the personal residence meets the audit requirements at one time.

4. Credit history

If a legal person borrows money in the name of an individual, it cannot conduct corporate finance, and it needs the bad records of personal work and bank flow in recent months and whether the lender has a record of major violations. This is an important content that financial lending institutions should consider.

3. Can a guarantee company as a legal person make a loan?

You can borrow money, as long as you provide the loan information that the bank needs and the bank can verify it. Bank loans generally don't care whether your unit is engaged in guarantee business. Banks only pay attention to whether there is collateral or not, and whether the money released has been invested in the business you promised. Will it form bad debts? Guarantee business is not illegal, and banks will not refuse loans.