First, the legal representative borrows money in his own name and is repaid by the legal representative; II. Loans borrowed by the legal representative in the name of the company are generally repaid by the company, and the supervisors are generally not liable for repayment. Shareholders shall bear the responsibilities within the scope of capital contribution, and they shall not bear the responsibilities as long as their capital contribution is completed or supplemented. Of course, if the supervisors and shareholders are guarantors, they will be liable for repayment.
Two, in the name of the company loan, what responsibility does the legal person bear?
Legal analysis: the legal representative of the company borrows money in the name of the company. If the loan is used by the company, the company will bear the debt. If the loan is used by a legal person on behalf of an individual, the company may recover from the legal representative after assuming the debt.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 61 In accordance with the law or the articles of association of a legal person, the person in charge of civil activities on behalf of the legal person is the legal representative of the legal person.
The legal consequences of a legal representative engaging in civil activities in the name of a legal person shall be borne by the legal person.
The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart.
Article 62 If a legal representative causes damage to others when performing his duties, the legal person shall bear civil liability.
After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.
3. As a legal person, is it the responsibility of shareholders to lend money to banks 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, which 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 the other shareholders of the company have nothing to do from beginning to end, and they can be exempted as long as they have completed their capital contribution obligations to the company. Even if the subscribed capital contribution obligation is not completed, it is only responsible to the company within the scope of capital contribution principal and interest. Moreover, according to the title, it is obvious that there is no abuse of rights by shareholders to damage the company, so there is no need to consider piercing the company veil.
To sum up, it is inevitable for the company to repay the loan as an enterprise legal person, but it can apply for civil compensation from the personal estate of the deceased legal representative. If it is really unable to repay, it can file for bankruptcy.
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Four, in the name of the company loan, what responsibility does the legal person bear?
Legal analysis If the legal representative of the company borrows money in the name of the company, the company shall be jointly and severally liable for the debt. If the loan is used by the legal representative, the company can recover from the legal representative. The legal consequences of a legal representative engaging in civil activities in the name of a legal person shall be borne by the legal person. The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart. If the company is a limited liability company and the legal representative is one of the shareholders of the company, it needs to bear the debt liability to the company within the limit of the subscribed capital contribution; If it is only a simple legal representative, it may not need to bear the debt liability, mainly based on the guarantee measures marked on the loan contract. If the loan contract indicates that it is a company guarantee, the enterprise loan applied for is usually repaid with the company's assets. If the company goes bankrupt, its assets will be liquidated for repayment. If the loan is guaranteed by the legal representative, the company will not be able to repay the loan with its own property, and may also sue the family property of the legal representative. Legal Basis Article 61 of the Civil Code of People's Republic of China (PRC) According to the provisions of the law or the articles of association of a legal person, the person in charge of civil activities on behalf of a legal person is the legal representative of the legal person. The legal consequences of a legal representative engaging in civil activities in the name of a legal person shall be borne by the legal person. The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart.