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.
Legal basis:
Company Law of the People's Republic of China
Article 50 The people's court shall, after accepting a shareholder representative litigation case, notify the company to participate in the litigation as a third party. 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 company's lawsuit again on the same facts and reasons as the shareholder's representative lawsuit.
Article 51 When the people's court hears a shareholder representative litigation dispute case, if other shareholders of the company apply to participate in the litigation with the same facts and requests as the plaintiff shareholders, they shall be allowed. The litigation that has been conducted has legal effect on other shareholders of the company who participate in the litigation.
Article 52 The board of directors and the board of supervisors of a company or the directors and supervisors of a company without a board of directors and the board of supervisors bring a lawsuit in accordance with the provisions of the first paragraph of Article 152 of the Company Law. If the board of directors and the board of supervisors are plaintiffs, they shall submit the resolutions of the board of directors and the board of supervisors and the written certificate that they are the current institutions of the company; If the director or supervisor is the plaintiff, it shall submit the written certification materials and personal identification certificate that the company appoints him as the director or supervisor.