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 signs a contract on behalf of the company and promises to perform certain obligations, which should be borne by his company, not by individuals.
Therefore, the loan of the enterprise is repaid by the enterprise. The legal representative of the enterprise is not personally liable for repayment. Of course, the premise is that the enterprise has no illegal acts such as false capital contribution, withdrawing funds and transferring assets. And the legal representative has not made personal guarantee, otherwise the shareholders or legal representative of the enterprise may have to bear corresponding responsibilities.
Extended data:
In case of contradiction and dispute, the legal representative of the company is the legal representative of the enterprise as a legal person. After engaging in civil activities on behalf of a legal person and becoming a legal representative, his natural personality is absorbed by the legal person, and all the responsibilities assumed as a legal representative in civil acts are borne by the legal person.
However, the responsibility for exercising civil acts unrelated to the identity of the legal representative shall be borne by me. If the legal representative is at fault in exercising his right of representation in violation of laws and regulations, he shall bear corresponding responsibilities.
China's "General Principles of Civil Law in People's Republic of China (PRC)" stipulates that
Article 45:
(1) engages in illegal business activities beyond the business scope approved and registered 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.
These illegal acts are still borne by the legal person, which does not exempt the legal representative from other responsibilities caused by it, that is, administrative sanctions, fines and other penalties can be given. If a crime is constituted, criminal responsibility shall be investigated according to law.
Baidu Encyclopedia-Legal Representative
Baidu Encyclopedia-Chinese Names and General Principles of Civil Law