According to legal analysis, the loan is in the name of the company, but the money is a legal person, which has an impact on other shareholders. Loans in the name of the company, the company is not up, then it may face bankruptcy crisis. As a legal person, the company acts on behalf of the company and should be responsible to the loan company. Shareholders are only liable to the company to the extent of their subscribed capital contribution. When the company operates, they should pay attention to the trading rules. The legal representative acts on behalf of the company, and the repayment liability after signing the loan contract shall be limited to the amount of its capital contribution and be responsible to the company.
Legal basis: People's Republic of China (PRC) (China) Company Law.
Article 50 The company accepts the people as a third party to participate in the litigation. If the defendant counterclaims, the company shall be classified as a counterclaim defendant, but the litigation rights of the company shall be exercised by the plaintiff's shareholders. The people's court will not accept the lawsuit brought by the company to the shareholders' representative.
Article 51 When the people's court hears the shareholder's representative lawsuit, if other shareholders of the company apply to participate in the circular sale and additional litigation with the same facts and requests as the plaintiff's shareholders, they shall be allowed. Other shareholders of the company who file a lawsuit have legal effect.
Article 52 Where the board of directors or the board of supervisors of the company or the directors of the company without the board of directors or the board of supervisors bring a lawsuit according to the provisions of the first paragraph of Article 12, and the board of directors or the board of supervisors are plaintiffs, they shall submit the resolutions of the board of directors and the board of supervisors of the company and the written certificate that they are the current institutions of the company; If a director or supervisor is a plaintiff, a written statement of his appointment as a director or supervisor shall be submitted.
Two, the corporate loans in the name of personal property mortgage company.
The legal person of the company borrowed money in the name of the company with the personal house as collateral, but the money was taken away by the legal person himself and it was unable to repay it, which affected the other shareholders. If a loan is made in the name of the company, the company shall bear the repayment responsibility. If the company cannot pay, it may face bankruptcy crisis. As a legal person, the company acts on behalf of the company and should be responsible to the loan company. Shareholders are only responsible for the company's liabilities to the extent of their subscribed capital contribution, and the company should pay attention to the legal risks of transactions when operating. 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.
3. I am a company legal person, and the shareholders use the company mortgage loan. What responsibility should I bear?
Under normal circumstances, legal persons generally do not bear civil liability directly to third parties.
1. The legal representative is not liable: the legal representative's duty behavior is the behavior of the enterprise legal person, so the civil liability arising therefrom shall be borne by the company, and the legal representative generally does not bear civil liability directly to the third party. Basis: Article 43 of the General Principles of Civil Law: An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members.
Two, the civil legal liability of the legal representative as stipulated in the general principles of the civil law:
1, the civil liability of business mistakes to legal persons the Supreme People's Court's opinions on several issues concerning the implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) 58. If the legal representative and other staff members of an enterprise as a legal person engage in business activities in the name of a legal person and cause economic losses to others, the enterprise as a legal person shall bear civil liability. After a legal person assumes responsibility for a third party, it may claim compensation from the legal representative or other staff at fault. Typical examples are: liability for compensation arising from dereliction of duty in signing and performing contracts.
2. The legal representative may bear the civil tort legal liability for infringing the property of the unit individually or jointly. Article 107 of the General Principles of the Civil Law stipulates: "A citizen or legal person who infringes on the property of the state or the collective or infringes on the property or person of others through fault shall bear civil liability." Article 130 of the General Principles of Civil Law stipulates: "If two or more persons jointly infringe and cause damage to others, they shall bear joint liability". three
Civil sanctions for illegal acts-fines and detention Article 49 of the General Principles of the Civil Law stipulates: "If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's responsibility, it may impose administrative sanctions and fines on its legal representative. If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) engaging in illegal business beyond the business scope approved and registered by the registration authority; (2) Concealing the real situation from the registration authority or the tax authority or practicing fraud; (3) Evading funds or hiding property to avoid debts; (4) Disposing of property without authorization after dissolution, cancellation or bankruptcy; (5) Failing to apply for registration and announcement in time at the time of alteration or termination, thus causing great losses to the interested parties; (6) engaging in other activities prohibited by law that harm the national interests or social public interests. "
Opinions of the Supreme People on Several Issues Concerning the Implementation of the General Principles of Civil Law in People's Republic of China (PRC) (for Trial Implementation) People's Opinions 1. When people hear a case, they find that an enterprise as a legal person has one of the six situations listed in Article 49 of the General Principles of Civil Law. In addition to assuming the liability of an enterprise as a legal person, they can also directly impose a fine on the legal representative of the enterprise according to the provisions of Article 49 and the third paragraph of Article 134 of the General Principles of Civil Law. Need to be given administrative sanctions, you can put forward judicial suggestions to the relevant departments, decided by the relevant departments; Those who constitute a crime and need to be investigated for criminal responsibility according to law shall be transferred to public security and procuratorial organs according to law.