Lending money to others with their own enterprises as the guarantee, and now that person is bankrupt, everyone should bear joint and several responsibilities and issue loans.
Secured loan means that when the borrower fails to provide the mortgaged (pledged) property in full, the third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked.
A secured loan is a loan in which the borrower's property or the property of a third party is used as the loan guarantee according to the loan contract or the borrower's agreement, and the third party is jointly and severally liable for repayment when necessary.
Anyone who is jointly and severally liable must bear full responsibility for the consequences of violating legal obligations. For example: voluntary agreement, * * * joint venture capital operation, * * * joint venture profit and loss sharing risks, unlimited joint liability; In the joint and several liability guarantee, the guarantor is jointly and severally liable for the creditor's rights; Because the power of attorney is unknown, the client shall bear civil liability to the third party, and the agent shall bear joint liability; If the agent colludes with a third party in bad faith and damages the interests of the principal, the agent and the third party shall bear joint liability; The lease contract stipulates that the tenant shall pay the property fee, and the property company can directly collect it from the tenant, but the owner shall bear joint liability; If the driver causes an accident, the owner shall bear joint and several liability; In short, joint liability is the symmetry of joint liability. It refers to two or more debtors, all of whom have the responsibility to repay the same debt.
Therefore, secured loans need to bear the risk of repayment for others because the lender goes bankrupt.
2. If the company can't repay the bank loan, what legal consequences will the company bear as a legal person?
When you say corporate, you mean the legal representative of the company.
No loan, as long as the legal representative of the company does not guarantee, then there is no responsibility. Of course, he will lose credibility. Just think about it.
Three. If the company can't repay the bank loan, what will the company bear as a legal person? ...
If the company borrows money from the bank in the name of the company, if the company is unable to repay the loan, the bank can file a lawsuit to realize the net assets of the company as the repayment fee of the bank. The legal person is the guarantor of the company. If this problem is involved, the legal person is the first person to look for, and the loan to the bank is handled by the legal person. If the legal representative doesn't make any guarantee obligation, it will have little personal problem for him, but his reputation will be damaged, which will have a negative impact on the loan.
Consult a professional lawyer for legal advice.
Four. What is the company's responsibility for bank loans?
Legal analysis: if an enterprise owes a bank loan, the legal representative generally does not need to bear the responsibility. Unless the legal representative maliciously defaults on bank loans and fabricates facts to conceal the truth. The legal representative refers to the principal responsible person who exercises civil rights and performs civil obligations on behalf of a legal person according to law. The company has an independent personality, so it independently undertakes civil obligations, and the legal representative of the company is not responsible for the debts of the enterprise. Will the company bear criminal responsibility if it owes a bank loan? What it owes is civil liability and does not involve criminal law, so it will not bear criminal responsibility. However, due to the intentional or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear tort liability, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. If the company cannot repay the bank debt, it shall be repaid with the property liquidated by the company. If the legal representative damages the interests of the company during this period, it shall be repaid together. Legal basis: Article 61 of the Civil Law of People's Republic of China (PRC) According to the provisions of the law or the articles of association of the 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 the legal representative's 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 3 of the Company Law of People's Republic of China (PRC) is an enterprise legal person, with independent legal person property and 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. Derivative question: what responsibility does the company owe to shareholders for bank loans? 1. If the enterprise is a limited liability company or a joint stock limited company, the shareholders shall bear limited liability with their capital contribution. Shareholders are not required to bear responsibilities if they make full capital contributions in accordance with the shareholders' agreement. However, if the shareholder has not paid the proportion of capital contribution in full before, it is necessary to supplement the capital contribution according to the regulations. 2. If the enterprise is a partnership, then the shareholders need to bear the repayment responsibility. According to Article 2 of the Partnership Enterprise Law, a general partnership enterprise is composed of general partners, who are jointly and severally liable for the debts of the partnership enterprise, and are not limited by the proportion of shareholders' investment. Once the debts of the enterprise cannot be repaid, the partners and shareholders shall bear unlimited liability for compensation. 3. If the loan is made in the name of an enterprise, the lending institution will increase the legal person or shareholder as the guarantor. If a shareholder makes a guarantee in the process of enterprise loan, he must bear the guarantee responsibility. If the enterprise can't repay the loan normally, the shareholders who make the guarantee must bear the repayment responsibility.