Generally speaking, the legal representative of the enterprise who repays the enterprise loan does not assume personal repayment responsibility, provided that the enterprise does not have any illegal acts such as false capital contribution, withdrawing funds or transferring assets. Otherwise, the shareholders or legal representatives of the enterprise may have to bear corresponding responsibilities. In addition, it is also necessary to pay attention to whether the bank requires the legal representative and shareholders of the enterprise to provide individual guarantees separately when lending, and if the loan individual provides guarantees, it is also responsible.
Corporate loan liabilities:
(1) administrative responsibility: the legal representative may bear administrative responsibility for the company's illegal acts. Unless you can prove ignorance of the company's behavior.
(II) Civil liability: According to the provisions of the Company Law, the company is responsible for external repayment to the extent of its own property. However, if the actual controller manipulates the company with fictitious capital contribution, evades capital contribution, conceals or transfers assets in the course of litigation, or disposes of property without liquidation, the legal representative shall bear corresponding civil liability for compensation.
(3) Criminal responsibility: In some crimes stipulated in the Criminal Law, in addition to punishing the unit, the legal representative and other responsible persons may also be investigated for criminal responsibility. In addition, when the actual controller of the company uses the company to commit economic crimes, the legal representative does not directly participate, but if he knows that the actual controller uses the company to commit criminal acts, but fails to stop or let the actual controller do so, the legal representative is likely to bear corresponding criminal responsibility.
(4) In terms of personal freedom, when the company faces bankruptcy proceedings, applies for compulsory execution or fails to pay taxes, the legal representative may be subject to corresponding compulsory measures by the judicial and administrative organs. Such as blacklist, loan restriction, consumption, etc.