How to freeze one s own business to others

It depends on what kind of legal person the company is, if it is a legal person of a one-person limited liability company, and it cannot be proved that the company's property is independent of the legal person's own property, then the company can be frozen.

According to the Company Law of the People's Republic of China, the provisions are as follows:

1. Article 57 The provisions of this section shall apply to the establishment and organization of a one-person limited liability company; Where there are no provisions in this section, the provisions of Sections 1 and 2 of this chapter apply.

The term "one-person limited liability company" as used in this Law refers to a limited liability company with only one natural person shareholder or one legal person shareholder.

2. Article 63 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.

Extended Materials. The provisions of the Civil Procedure Law of the People's Republic of China on freezing the property of the person subject to enforcement are as follows:

1. Article 242:If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

2. Article 243:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold or withdraw the portion of the income that the person subject to enforcement shall perform on the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained.

When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

3. Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Summary. Hello dear! In general, the account of the legal person will not be frozen after the company's account is frozen, because the company has a separate legal person account, but it should be analyzed on a case-by-case basis.

The individual has been frozen by the judiciary, and I am a legal person of the company, will the company's corporate account be frozen?

Hello dear! Under normal circumstances, the account of the legal person will not be frozen after the company's account is frozen, because the company has an independent legal person account, but it should be analyzed according to the specific situation of the code.

I was personally sued and frozen, will my company's corporate account be frozen, I am a corporate legal person, a sole proprietorship.

Possibly, possibly not. In general, the basis for the court to freeze and crack the knot is the application of the creditor. When the creditor applies to the court, he must indicate to the court which bank it is, not necessarily the bank.

If the creditor applies to the court, the court freezes; If the creditor does not apply, the court will not freeze it. If the company is the defendant, its account may be frozen due to preservation. At this time, if the company wants to unfreeze the account, it can provide the court with the secured property of the equivalent value of the subject matter of the litigation, and the people's court shall rule to lift the preservation.

[Legal Analysis].

Generally, not. Unless the other party has listed the legal representative as a co-defendant at the time of the lawsuit, or has added the legal representative Lu Hail as the defendant in the lawsuit.

The freezing of the company's account is generally subject to the court's anti-fiber preservation and renewal. After freezing, the money can only go in and out. Unless the court gives an unfreeze.

However, if money that should have been remitted to the company is remitted to an individual, it is a transfer of property, and the individual may also be frozen. The usual approach to the company's account after it is frozen:

1.Notify the company's senior management, financial personnel, and key business managers who need to know about the matter to avoid further payment to the company's account. The scope of the notification needs to be controlled so as not to cause people's minds to fluctuate.

2.Inform the client who is about to make a payment to your company, negotiate a cash payment, or transfer it to the cashier's personal account.

3.The most fundamental thing is to determine the reason for the freezing, and if there is an economic dispute, it can be settled out of court and the bank account can be unfrozen.

[Legal basis].

Company Law of the People's Republic of China Article 3 The company is an enterprise legal person, which has the property of an independent legal person and enjoys the property rights of a legal person. The company is liable for the company's debts with all its property. The shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contributions; Shareholders of shares are liable to the company to the extent of the shares they subscribed for.

Legal Analysis: No. Enterprise legal persons themselves may not apply for freezing their accounts and do not have the qualifications to be entities. However, if a legal person has doubts about the company's accounts and damages its own rights and interests, it can sue the company in its own name and apply to the court to freeze it.

Legal basis: Article 1198 of the Civil Code of the People's Republic of China: Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass activities, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability. Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities.

After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.