1. If the company loan is not paid, the legal representative of the company will not be responsible. Shareholders who make false capital contributions or withdraw capital contributions may be held jointly and severally liable.
2. If the company's loan is not paid and the company is obviously insolvent, the creditor may apply to the court for bankruptcy.
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. Legal person systems in different countries have common characteristics, but their contents are different. 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.
Legal basis:
Article 3 of People's Republic of China (PRC) Company Law An enterprise as a legal person has independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Derivative problem:
Can a branch company ask the head office to pay off its debts?
1, first pay off with the property of the branch. Although the branch does not have the legal person qualification, it is established by the head office according to law and obtained the business license. Have a certain organization and property, and need to be responsible for their own debts.
Then, if the property of the branch company can't pay off all the debts, the head office will pay off the rest. The property of the branch is also a part of the property of the head office, and the responsibility of the branch within the scope of managing the property is essentially the responsibility of the head office. If the property of a branch company is insufficient to pay off its debts, the head office will assume supplementary responsibilities for the debts of its branch company.