What is the impact of the bankruptcy of a company on a legal person?

1. If the enterprise goes bankrupt and the legal representative is personally liable, the legal representative will be subject to many restrictions when setting up another enterprise in the future; If the enterprise violates the provisions of the relevant laws, the person of the legal representative may be restricted, for example, the refusal to implement the court judgment leads to the detention of the legal representative; If a legal person commits a crime, the legal representative will be subject to criminal sanctions;

2. If the legal person has no defects in its establishment (such as defects in capital contribution), the liability for its losses shall be borne by neither the shareholders nor the legal representatives, but by the legal person itself. In the case of state-owned enterprises, if the legal representative has dereliction of duty, the severity of which reaches the level of criminal law prosecution or administrative sanctions should be given;

3. As long as the legal person can distinguish between the property of the legal person and the personal property, the legal representative does not need to bear civil liability. In the case of liabilities, the company shall bear all the assets of the company, and the shareholders do not need to bear it, except for the defects in capital contribution at the time of establishment.

Legal basis: Article 125 of the Enterprise Bankruptcy Law provides that if an enterprise director, supervisor or senior manager violates the duty of loyalty or diligence, resulting in the bankruptcy of the enterprise to which he belongs, he shall bear civil liability in accordance with the law. Persons under the circumstances provided for in the preceding paragraph shall not serve as directors, supervisors, or senior managers of any enterprise for three years from the date of the conclusion of bankruptcy proceedings.

Article 63 of the Company Law of the People's Republic of China provides that if a shareholder of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, he shall be jointly and severally liable for the company's debts.

What is the impact on the legal person after the bankruptcy of the company The company is a legal person organization, and the company bears civil debts with the company's property after bankruptcy, so the impact of the company's bankruptcy on the legal representative is relatively small, but if the legal representative does not truthfully contribute capital, he shall bear joint and several liability. Relevant legal provisions of the Company Law of the People's Republic of China

1 Bankruptcy in the economic sense refers to a special economic state of the debtor. In this state, the debtor is unable to pay its debts as they fall due and eventually has to give everything it has to pay its debts. Bankruptcy in the legal sense refers to a legal means and legal procedure.

Through this means and procedures, the creditor-debtor relationship between the debtor and a large number of creditors is resolved in a general manner.

A corporate legal person refers to the legal representative of the company. Generally, the bankruptcy of a company will not have a direct impact on the legal representative, and the legal representative will not be required to bear joint and several liability to the company, and the company is the subject of independent liability. However, within a certain period of time, the legal representative can no longer serve as the legal representative of another enterprise, nor can he serve as a director, supervisor or senior executive of another enterprise.

If, in the process of the company's bankruptcy, the enterprise legal person evades funds, hides assets, evades debts, or disposes of the company's property without authorization, then the legal representative will be held responsible. If a criminal offense is constituted, then criminal responsibility must also be pursued in accordance with the law.

Article 127 of the Enterprise Bankruptcy Law of the People's Republic of China Where a debtor violates the provisions of this Law by refusing to submit or submit to the people's court an untrue explanation of the property status, a list of debts, a list of creditor's rights, relevant financial and accounting reports, as well as the payment of wages and social insurance premiums to employees, the people's court may impose a fine on the person directly responsible in accordance with law. Where the debtor violates the provisions of this Law by refusing to hand over property, seals, account books, documents and other materials to the manager, or falsifying or destroying relevant property evidence and materials to make the status of the property unclear, the people's court may impose a fine on the person directly responsible in accordance with law.

The legal representative is personally responsible, and the legal representative will be subject to many restrictions when starting a business in the future.

Legal analysis: The impact of a company's bankruptcy on a legal person is that if the legal representative serves as a director, factory director or manager of a bankrupt company and is personally liable for the bankruptcy of the company, he shall not serve as a director, supervisor or senior officer of the company within three years from the date of completion of the bankruptcy liquidation of the company.

Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company Lihui shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law.

Article 146 of the Company Law A person shall not serve as a director, supervisor or senior manager of a company under any of the following circumstances:

1) Lack of or limited capacity for civil conduct;

3) Where a director, factory director, or manager of a company or enterprise in bankruptcy liquidation bears personal responsibility for the bankruptcy of the company or enterprise, three years have not elapsed since the completion of the bankruptcy liquidation of the company or enterprise;

4) Serving as the legal representative of a company or enterprise whose business license has been revoked or ordered to close down due to violations, and who bears personal responsibility, has not exceeded three years from the date on which the company's or enterprise's business license was revoked;

5) Debts incurred by individuals with a relatively large amount are not paid off when they are due.

The impact of a company's bankruptcy on a legal person is mainly reflected in the fact that if the legal representative serves as a director, factory director or manager of a bankrupt company and bears personal responsibility for the bankruptcy of the company, he or she shall not serve as a director, supervisor or senior officer of the company within three years from the date of completion of the company's bankruptcy liquidation.

[Legal basis].

Article 13 of the Company Law of the People's Republic of China The legal representative of a company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. Article 146:In any of the following circumstances, they must not serve as directors, supervisors, or senior managers of a company: (1) they have no or limited capacity for civil conduct; 3) Where a director, factory director, or manager of a company or enterprise in bankruptcy liquidation bears personal responsibility for the bankruptcy of the company or enterprise, three years have not elapsed since the completion of the bankruptcy liquidation of the company or enterprise; 4) Serving as the legal representative of a company or enterprise whose business license has been revoked or ordered to close down due to violations, and who bears personal responsibility, has not exceeded three years from the date on which the company's or enterprise's business license was revoked; (5) Debts of a relatively large amount borne by individuals are not paid off when due.

The impact of a company's bankruptcy on a legal person is that if the legal representative serves as a director, factory director or manager of the bankrupt company and is personally liable for the bankruptcy of the company, he or she shall not serve as a director, supervisor or senior officer of the company within three years from the date of completion of the bankruptcy liquidation of the company. Article 13 of the Company Law of the People's Republic of China The legal representative of a company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. Article 146 of the Company Law shall not serve as a director, supervisor or senior manager of the company under any of the following circumstances:

1) Lack of or limited capacity for civil conduct; (3) Where a director, factory director, or manager of a company or enterprise in bankruptcy liquidation bears pure personal responsibility for the bankruptcy of the company or enterprise, it shall not exceed three years from the date on which the bankruptcy liquidation of the company or enterprise is completed; 4) Serving as the legal representative of a company or enterprise whose business license has been revoked or ordered to close down due to violations, and who bears personal responsibility, has not exceeded three years from the date on which the company's or enterprise's business license was revoked; (5) Debts of a relatively large amount borne by individuals are not paid off when due.

Legal analysis: After the bankruptcy of the company, the legal person shall not serve as the legal representative, director, supervisor or senior executive of other enterprises for a certain period of time, and the company shall be responsible for the debts of the company with all its property. A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

Basis of Law: Article 57 of the Civil Code of the People's Republic of China.

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys the rights of civil prosecution and bears civil obligations in accordance with the law.