Legal analysis: If it is a company law, the company is jointly and severally liable for debts. If the loan is used by a legal person on behalf of an individual, the company may recover from the legal representative. A company as a legal person has the right to carry out civil acts on behalf of the company.

According to Article 6 1 of the French Civil Code, the representative law is a civil activity of the legal representative of a legal person, and the legal consequences 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.

Two. Does the enterprise borrower bear joint and several liability?

Generally borne by the company's property, the legal representative does not bear it in principle. The company has an independent personality. If the company's assets are insufficient to repay all debts, it can apply for bankruptcy. However, the Company Law of People's Republic of China (PRC) has specific provisions on the denial of corporate personality, that is, in Article 20, paragraph 3, "Shareholders of a company who abuse their independent status as a corporate person and evade debts with limited liability shall be jointly and severally liable for the debts of the company, which seriously damages the interests of the company's creditors" and Article 64, "Shareholders of a one-person limited liability company shall be jointly and severally liable for the debts of the company if they cannot prove that the company's property is independent of their own". Article 49 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 it 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 truth from the registration authority or the tax authority or practicing fraud; 3. Withdrawing 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 change or termination, causing great losses to the interested parties; 6, engaged in other activities prohibited by law, damage the national interests or social public interests.

3. Does it matter to guarantee a nominal legal person in the name of the company?

Guaranteeing a nominal legal person in the name of the company will be affected.

In judicial practice, this situation will generally bear joint and several liability, that is, if the loan is not repaid, you have to bear the repayment responsibility. Since you are a legal person, you must sign it; If the unit is suspected of breaking the law, the legal person may also bear criminal responsibility. The law does not encourage any citizen to become a nominal legal person of an enterprise.

Four, in the name of the company loan, what responsibility does the legal person bear?

1. What responsibilities should the corporate loan legal person bear? 1. If there is no false capital contribution or withdrawal of capital contribution by shareholders, shareholders need not be directly responsible for the debts of the company. The legal representative is generally not responsible for the debts of the company. 2. If the company is unable to repay the loan, the directors who are directly responsible for the company's losses shall be liable for compensation. The legal person can be changed during the operation period, but the procedures prescribed by law need to be fulfilled. The legal representative who is personally responsible for the bankruptcy of the company shall not be the legal representative of the newly established company within a certain period of time. There is no need to bear civil liability. The legal representative of the company signed a contract on behalf of the company and promised to perform certain obligations, which should be borne by his company, not by individuals. 2. The company's loan application condition is 1, which conforms to the national industry and industrial policy and does not belong to small enterprises with high pollution and high energy consumption; 2. The enterprise has a good reputation in various commercial banks and has no bad credit record; 3. Having a business license approved and registered by the administrative department for industry and commerce, and passing the annual inspection; 4, there is a necessary organization, management system and financial management system, a fixed foundation and business premises, legal operation, products have market and benefits; 5. Have the ability to perform contracts and repay debts, have a good willingness to repay, have no bad credit record, and credit asset risks are classified as normal or non-financial factors; 6. The operator or actual controller has more than 3 years of working experience, good quality and no bad personal credit record; 7. The enterprise operates steadily, the establishment period is in principle more than 2 years (inclusive), and there are at least one or more financial reports for one fiscal year, and the sales revenue growth and gross profit are positive for two consecutive years; 8, in line with the establishment of small business related industry credit policy; 9. Abide by national financial regulations and policies and relevant bank regulations; 10. Open a basic settlement account or a general settlement account with the applicant bank. Three. Prevention and control of enterprise loan risks (1) Strengthening pre-loan investigation and evaluation. Compared with the issuance of real estate mortgage loans, the pre-loan investigation of accounts receivable involves a wide range and the investigation task is heavy. Commercial banks should not only investigate the production, operation and credit status of loan enterprises, but also check the credit and strength of accounts receivable debtors; It is necessary not only to verify the existence of accounts receivable, but also to examine whether accounts receivable can be transferred and pledged, and to examine whether the contract price is normal and reasonable, so as to ensure that the pledged price of accounts receivable does not increase; Not only should we understand the assets and liabilities of the pledgor and the accounts receivable debtor, but we should also pay attention to the pledgor's management measures for sales and capital withdrawal and the creditor's rights management level of the accounts receivable debtor. (2) Select qualified accounts receivable. Accounts receivable used for pledge must meet certain conditions: the products under accounts receivable have been issued and accepted by the buyer; The purchaser has strong financial strength and no bad credit record; The buyer confirms the specific amount of accounts receivable and promises to pay it only to the seller's designated special account in the loan bank; The due date of accounts receivable is earlier than the repayment date agreed in the loan contract. It should be noted that the following accounts receivable cannot be used to set pledge and need to be excluded from the total accounts receivable: first, the hedging account, that is, the money owed by the loan enterprise to the debtor of accounts receivable at the same time; Second, accounts receivable with an age of more than 90 days; Third, all accounts receivable of debtors with poor credit quality; The fourth is flawed accounts receivable; Fifth, laws and regulations clearly stipulate that it is not allowed (or restricted) to set up accounts receivable pledge. For example, hospitals, schools, parks and other civil subjects with public welfare have the right to charge fees based on public welfare, and the land income of the government land reserve center may not be pledged. (3) Reasonably determine the loan pledge rate. The loan pledge rate refers to the ratio of the loan amount to the value of the pledge. The loan pledge rate of accounts receivable usually depends on the quality of accounts receivable, which should generally be 60% ~ 80%. The quality of accounts receivable mainly depends on the credit rating of debtors (enterprises in arrears). The debtor is financially sound, has no bad credit record, and the loan pledge rate is high, otherwise it is low. At the same time, the concentration of accounts receivable should be considered when determining the loan pledge rate. The higher the concentration, the worse the quality of accounts receivable and the greater the risk. When granting loans to enterprises with high concentration, the pledge rate shall not exceed 20%, that is, the loan amount shall not exceed 20% of accounts receivable. (4) Strict risk prevention measures are stipulated in the loan contract and pledge contract. The main provisions to be agreed include: first, the pledger shall not transfer or give up its rights, otherwise the lending bank has the right to cancel or pay off debts in advance and exercise the pledge right; Second, the pledgor shall notify the debtor of the accounts receivable in writing and obtain a written commitment letter from the debtor to the loan bank, indicating that the accounts receivable are true, and the debtor will not have any malicious acts that damage the pledge right during the pledge period, and may not pay off to the pledgor, but may pay off or deposit directly to the loan bank, otherwise it shall be liable for compensation; Third, if the pledgor is slow to exercise his rights, resulting in the collateral being or likely to be damaged, the lending bank has the right to exercise it on his behalf, or the lending bank has the right to demand repayment of debts or exercise the pledge right in advance; The fourth is to clarify other circumstances of paying off debts in advance or exercising pledge, such as giving up rights, the contract being dissolved, revoked or changed, the level of rights management deteriorating, and possible financial deterioration. (E) Pay attention to the post-loan management of accounts receivable. It is necessary to set up a special account for the pledge of accounts receivable in time, strengthen the supervision and management of the funds returned from enterprises' accounts receivable, and prevent the funds returned from being used for other purposes. In the case that the principal debt is overdue, we should negotiate with the pledgor and the debtor of accounts receivable as soon as possible and take action to realize the pledge right as soon as possible. Legal basis: Article 45 of the General Principles of the Civil Law stipulates six situations: (1) engaging in illegal business activities beyond the business scope approved by the registration authority; (2) concealing the real situation from the registration authority and 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; (five) the change or termination is not registered and announced in time, which has caused great losses to the interested parties; (six) to engage in other activities that harm the national interests or social public interests prohibited by law.