According to the company law
If the legal representative violates laws, administrative regulations or the Articles of Association, causing losses to the company, even if the legal representative is performing the duties of the company, the company has the right to demand the legal representative to compensate for the losses after assuming relevant responsibilities.
Article 149 Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties in the company and cause losses to the company shall be liable for compensation.
After the company changes its legal representative, the debts incurred by the original legal representative on behalf of the company still need to be borne.
Loans in the name of the company are corporate debts. The change of legal person, company name and other information will not affect the company's debt commitment, which is not directly related to individuals, but the company will still bear the repayment responsibility.
After changing the legal representative, the debt of the original legal representative should be borne by the company, so it is decided that the real estate company should pay off the debt to Feng.
Therefore, the company's name loan and the change of legal person will not affect the repayment, and the company will bear the repayment responsibility. The debt is not borne by the legal person, but by the company, and the legal person only deals with the debt problem. If the legal person is not a shareholder, the legal person has no direct loss of interest.
Extended data:
An enterprise as a legal person has the following characteristics:
(1) It meets the statutory requirements of an enterprise as a legal person and is established upon approval and registration.
(two) to provide products or services to the society, and for the purpose of making profits
(3) independently enjoying civil rights and undertaking civil obligations according to law.
(4) It may acquire other legal persons.
(5) independently bear civil liability.
The significance of this independent qualification of enterprise legal person lies in:
First, independent of their respective competent departments, enterprises and competent departments are two completely equal subjects, not subordinate relations, and the two sides can only form civil legal relations in accordance with the principles of equal value and compensation, voluntariness and mutual benefit;
Second, it is independent from the members of the enterprise, that is, the enterprise legal person and the members who make up the enterprise legal person are separated from each other, and each of them independently participates in civil activities in its own name, enjoys rights and assumes obligations;
Third, independent property rights enable enterprise legal persons to independently enjoy civil rights and undertake civil obligations;
Fourth, independent property liability, that is, the civil liability of an enterprise as a legal person is borne independently by the enterprise's own property, and has nothing to do with the property of the members who make up the enterprise as a legal person.
People's Republic of China (PRC) the State Council Press Office-People's Republic of China (PRC) Company Law
1. Where is the court where the overdue credit card is sued?
Credit card overd