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I helped my uncle to be the legal representative of the company and borrowed 90 million yuan from the bank. Now my uncle won't pay back the money. What should I do?
1. I helped my uncle as the legal representative of the company and borrowed 90 million yuan from the bank. Now my uncle won't pay back the money. What should I do?

If your uncle is one of the shareholders, you can appeal and then apply for bankruptcy of the company. Find a good lawyer to help you deal with this matter at once.

2. What if the company borrows 6 million yuan as a nominal legal person?

1. How long is the sentence of 6 million yuan for the crime of defrauding loans?

: imprisonment for up to three years; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, which aggravates the circumstances of banks or other financial institutions. According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standards of criminal cases under the jurisdiction of public security organs, the case was prosecuted: "

(a) defrauding loans of more than one million yuan;

(two) or other financial institutions directly caused by

(three) although not up to the above amount standard, but repeatedly defrauded the loan;

(4) Other cases that have caused heavy losses to banks or other financial institutions or have other serious circumstances. "The statutory punishment for this crime is: fixed-term imprisonment of not more than three years or criminal detention, and whoever concurrently or solely punishes financial institutions and causes particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

2. Does it constitute a crime to defraud a loan of 6 million yuan and pay it off long before filing the case?

Cheating a loan of 6 million yuan, which was paid off long before the case was filed, constitutes a crime, but the punishment can be lightened or mitigated.

Obtain loans, acceptance bills, letters of credit, guarantees, etc. Obtained from banks or other financial institutions by deception, and prosecuted the persons involved: obtained loans, acceptance bills, letters of credit, letters of guarantee, etc. By deception, the amount is more than 10,000 yuan; Obtain loans, bill acceptance, letters of credit, guarantees, etc. Using fraudulent means to hand over funds of more than RMB 200,000 yuan to banks or other financial institutions; Although it does not meet the above-mentioned amount standard, it has repeatedly obtained loans and bills by deception, which has caused heavy losses in other financial institutions or other serious circumstances.

For the purpose of lending for profit, lending to others at a high interest rate is suspected of the following situations: lending at a high interest rate, the illegal income is more than 654.38+10,000 yuan; Although he did not meet the above amount standard, he was punished more than twice and was profitable.

If the fraudulent loan reaches more than one million yuan, the actor will be punished for three years before he can get the loan, that is, the actor does not have the identity of the loan and subjectively wants to return it with a forged identity.

law

Criminal law of the people's Republic of China

266th public or private property, if the amount is relatively large, shall be fined not more than three years; If the amount is huge or there are other circumstances, a fine shall be imposed; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Third, is it reliable to be a legal person who does not own shares for relatives?

It is not recommended to help relatives and friends become corporate legal persons, or legal persons who do not hold shares. Because the legal person is responsible for the company's operating results. Once the company loses money or the company does illegal business or things, the company legal person is the first responsible person. And you are just a legal person, you have no shares to participate in the company's operation and management, but according to the company law, you are responsible for all the management consequences of the company. The risk is too great.

IV. Loans to relatives of legal persons.

From the contractual point of view, you are the main borrower, and the bank has the priority to pursue the main borrower. The bank doesn't care who the actual borrower is, because it's your private affair.

I suggest calling the police first and leaving an alarm receipt. You'll need it later.