If an enterprise goes bankrupt, will the legal representative be listed as a judgment defaulter?

OK. However, unless otherwise provided by law. This is because citizens of the People's Republic of China have the right to work. The enterprise is bankrupt, and the person subject to execution has to continue to live, what to eat if he doesn't work! Suggested by netizens, for reference only. Good luck!

Legal Analysis] 1Generally speaking, if a company goes bankrupt, the legal representative will not become a dishonest person; However, if an enterprise legal person refuses to perform its obligations under the law, it shall be included in the blacklist. 2.

According to the traditional civil law theory, bankruptcy is the inevitable result of the limited liability of legal persons, and the legal person bears the responsibility of paying off debts with its sole buried property, which may lead to the bankruptcy of the legal person when the legal person is insolvent, and only through the implementation of the bankruptcy system can the limited liability system of the legal person be implemented. 3.Only after the enterprise has gone through the cancellation of registration with the registration authority and announced it, its civil subject qualification will be extinguished, so the bankruptcy or liquidation before the extinction of the legal person's personality is also the responsibility of a legal person with the property of the legal person.

Legal basis] Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement have the ability to perform but do not perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law: (1) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (2) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (3) Violating the property reporting system; (4) Violating an order restricting high spending; (5) The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason; (6) Other persons who have the ability to perform but refuse to perform the obligations set forth in effective legal documents.

Legal analysis: The bankruptcy of an enterprise and becoming a "judgment defaulter" are two different dimensions of legal events. Bankruptcy is generally a legal procedure in which the court declares the bankrupt enterprise to repay its debts when there is a statutory cause for bankruptcy.

After the bankruptcy proceedings of an enterprise are concluded, it shall be deregistered, and its legal subject qualification will disappear accordingly, and there is no question of whether it will become a judgment defaulter.

Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) They have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; (2) Obstructing or resisting enforcement of the law by means of fabricating evidence, violence, threats, or so forth; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.

Legal analysisThe company and its legal representative will be listed as a dishonest person subject to execution by the court, and the legal representative will be affected by: first, prohibiting some high-consumption behaviors, including prohibiting taking planes and train sleepers; The second is to implement other credit punishments, including restricting loans or credit cards from financial institutions; Third, where judgment defaulters are natural persons, they must not serve as the legal representative, director, supervisor, senior manager, or so forth of an enterprise that is prudent in its business.

Legal basisSeveral Provisions of the Supreme People's Law on the Publication of Information on the List of Judgment Defaulters with Meritorious Deeds" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law: (1) Refusing to perform the obligations set forth in effective legal documents despite having the ability to perform; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.

Enterprise Bankruptcy Law of the People's Republic of China Article 125 Where 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 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.

Legal Analysis] 1Generally speaking, if a company goes bankrupt, the legal representative will not become a dishonest person; However, if an enterprise legal person refuses to perform its obligations under the law, it shall be included in the blacklist. 2.

According to the traditional civil law theory, bankruptcy is the inevitable result of the limited liability of legal persons, and legal persons bear the responsibility of paying off debts with their independent property, and when the legal person is insolvent, it may lead to the bankruptcy of the legal person, and only through the implementation of the bankruptcy system can the limited liability system of legal persons be implemented. 3.Only after the enterprise has gone through the cancellation of registration with the registration authority and announced that its civil subject qualification will be extinguished, so the bankruptcy or liquidation before the extinction of the legal person's personality is also a legal person's liability with the property of the legal person.

Legal basis] Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement have the ability to perform but do not perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law:

1) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

(2) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;

(3) Violating the property reporting system;

(4) Violating an order restricting high spending;

(5) The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason;

6) Other persons who have the ability to perform but refuse to perform the obligations set forth in effective legal documents.

Corporate debtors are generally not on the list of debtors. The company is an independent legal person with independent property rights, and bears debts with its own property. The company only needs to settle its debts with all the assets of the company, and it has nothing to do with the personal property of the shareholders.

Therefore, legal entities are not blacklisted for debts. However, if the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts, and those who refuse to repay the debts may be put on the list of old debtors.

Where the person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents, and has any of the circumstances listed in the lower state history, the people's court shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law.

1. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

2. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;

3. Violating the property reporting system;

4. Violating the order restricting high consumption;

5. The person subject to enforcement refuses to perform the execution of the settlement agreement without a legitimate reason;

6. Other refusals to perform obligations set forth in effective legal documents despite having the ability to perform.

In short, it is not certain that the bankruptcy liquidation of a company that cannot repay the debt will lead to dishonesty, and it should be the refusal to perform the effective judgment of the court after the bankruptcy liquidation of the company before it will be included in the judgment defaulter system. There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, etc., as long as they are used in a timely and appropriate manner, they will achieve twice the result with half the effort.

Legal basis

Article 3 of the Company Law of the People's Republic of China stipulates: "The company is a member of the Enterprise Law, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.