Current location - Loan Platform Complete Network - Loan intermediary - What responsibility do I need to bear as a legal person if the shell company fails to repay the loan?
What responsibility do I need to bear as a legal person if the shell company fails to repay the loan?
The key to this situation is whether the company is a shareholder and the nature of the company. If the company is a limited liability company (which is generally the case now) and a shareholder of the company, it needs to bear the responsibilities within the scope of capital contribution; If you are not a shareholder, but a simple legal person, you don't have to bear any responsibility.

What are the consequences of the loan money?

1. If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay by installments.

2. If the lending institution fails to perform the judgment of the court within the performance period after suing the court and winning the case, it will apply to the court for enforcement.

3. When accepting enforcement, the court will inquire about the real estate, vehicles, securities and deposits in the name of the lender according to law.

4. If the lender refuses to perform the effective judgment of the court because there is no enforceable property under his name, negative information such as overdue repayment will be recorded in the personal credit report, which will restrict high consumption and entry and exit, and may even lead to judicial custody.

Extended data:

Legal persons have the following acts but often have corresponding responsibilities:

1, false capital contribution.

Administrative responsibility: Article 200 of the Company Law stipulates that if the promoters and shareholders of the company make false capital contributions, the company registration authority shall order them to make corrections and impose administrative penalties of more than 5% and less than 00% of the amount of false capital contributions.

Criminal responsibility: According to the provisions of Article 159 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined, or only fined, for making false capital contribution or withdrawing capital contribution of not less than 2% 10%.

2. Article 3 of the Company Law? The company is an enterprise legal person, with 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. Therefore, a limited liability company is liable to the company to the extent of its subscribed capital contribution, and will not pursue family property.

3. According to the relevant laws and regulations of our country, the legal representative of the company enjoys corresponding rights, and may bear different responsibilities according to different situations, such as civil liability, administrative liability or criminal liability.

As the legal representative of any enterprise, while participating in the company's decision-making management, the most important thing is to be responsible for all legal and illegal business operations of the enterprise and all creditor's rights and debts of the enterprise.

References:

Baidu Encyclopedia-Corporate Responsibility