Current location - Loan Platform Complete Network - Loan intermediary - What kind of responsibility does the legal person of a limited liability company bear for the company loan? Can an enterprise with a loan change its legal person?
What kind of responsibility does the legal person of a limited liability company bear for the company loan? Can an enterprise with a loan change its legal person?
The legal person of a limited liability company bears many responsibilities for enterprise loans, and the enterprise with loans can change its legal person.

According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 57 of the national laws:

A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. The legal person system is an important legal system for countries all over the world to adjust the economic order and the whole social order.

It should be noted that legal person systems in different countries have the same characteristics, but their contents are not the same. Different legal persons have formed different legal person theories, and the theory of legal person system has become the theoretical basis for countries all over the world to establish and improve the legal person system, standardize the economic order and the whole social order.

Article 58 A legal person shall be established according to law and have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

Where the establishment of a legal person is subject to the approval of the relevant competent authorities according to laws and administrative regulations, an enterprise with a loan may change its legal person according to its provisions. The change of legal representative has no direct legal relationship with the loan itself, but it is closely related to the identity of shareholders. If you are not a shareholder or minority shareholder at the time of registration, but only a legal representative, even if the bank investigates the shareholder's responsibility, you don't need to bear legal responsibility.

Extended data:

Materials required for legal person change:

Application for company change registration; Resolutions of shareholders' meeting; Revision of the articles of association; The dissolution document of the original legal person; The appointment documents of the new legal person; Copy of the original legal person ID card; Copy of the new legal person ID card; Resume and signature of the new legal person; If the original (new) legal person holds a part-time position as the general manager, the post certificate of the general manager shall be submitted; Designated power of attorney; Original and photocopy of business license, etc.

According to Article 59 of the General Principles of Civil Law of People's Republic of China (PRC) and the national laws, the legal person's capacity for civil rights and civil conduct comes into being when the legal person is established and terminated.

Article 60 A legal person shall bear civil liability independently with all its property.

Article 61 The person in charge who engages in civil activities on behalf of a legal person shall be the legal representative of the legal person in accordance with the provisions of the law or the articles of association of the legal person. The legal consequences of the legal representative's civil activities in the name of a legal person 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.

Baidu Encyclopedia-General Principles of China People and State Law