Will the company s arrears be frozen in the private account of the legal person?

The company's arrears cannot be frozen in the private account of the legal representative.

The company and the legal representative should not be confused. The legal representative refers to the person in charge who exercises authority on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person, so the debts of the company cannot be borne by the legal representative, and naturally cannot be frozen.

The debts of the company have nothing to do with the private property of the legal person, so the company owes the most money that the company needs to pay, and if the company is sued for enforcement at that time, then restrictive measures can be taken against the legal person of the company.

The debt has nothing to do with the legal representative of the company, and the private account of the legal representative cannot be directly frozen.

If the company owes money, if it is not repaid, it will freeze your private account of the legal person. Because you are a legal person of the company, only freezing your account can prompt you to pay back the money.

Will the company's arrears be frozen in the private account of the legal person? I should have told him that it would have been, because if the company owes money, if you are a legal person, as your private account, if he is uncomfortable, you should also ask me to find out, it should be, if it is liquidated, it will be frozen.

Generally speaking, as an independent legal person, the company has independent property rights, personality rights and responsibility capacity, and will not involve individual shareholders, and shareholders are only liable to the company within the share of capital contribution, but if shareholders abuse the independent status of the company's legal person and the limited liability of shareholders, evade debts, and seriously damage the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

Legal Analysis: Possibly, possibly not. In general, the basis for freezing is the creditor's application.

The creditor must indicate to the court which bank it is when applying, 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.

Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts

Article 21: The sealing, seizure, or freezing of the property of the person subject to enforcement shall be limited to the extent that the amount of the value is sufficient to pay off the amount of the creditor's rights and enforcement costs determined in the legal documents, and the amount shall not be sealed, seized, or frozen in excess of the standard. Where it is discovered that the amount exceeding the standard amount is sealed, seized, or frozen, the people's court shall, on the basis of the application of the person subject to enforcement or ex officio, promptly lift the sealing, seizure, or freezing of the part of the property that exceeds the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement, or other property is insufficient to pay off debts.

Article 33: Where financial institutions unfreeze funds frozen by the people's courts without authorization, resulting in the transfer of frozen funds, the people's courts have the right to order them to recover the transferred funds within a set period of time. If it fails to recover within the time limit, it shall be ruled that the financial institution shall be liable to the applicant for enforcement with its own property within the scope of the transferred funds.

Article 37: Where after relevant units receive a notice from the people's court to assist in the enforcement of the judgment debtor's income, they pay the person subject to enforcement or other persons without authorization, the people's court has the right to order them to recover it within a set period of time; If it is not recovered within the time limit, it shall be ruled that it shall be liable to the person applying for enforcement within the amount paid.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 487:The period for a people's court to freeze a person's bank deposits must not exceed one year, the period for sealing or seizing movable property must not exceed two years, and the period for sealing immovable property or freezing other property rights must not exceed three years. Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed the period provided for in the preceding paragraph. The people's courts may also handle the formalities for continued sealing, seizure, or freezing in accordance with their authority.

It usually doesn't freeze.

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. In addition to the legal person's liability, the account of the legal representative may be frozen in the following circumstances: engaging in illegal business beyond the business scope approved and registered by the registration authority; concealing the true situation from the registration authorities and taxation authorities, or committing fraud; evading funds or concealing assets to evade debts; disposing of property without authorization after being dissolved, revoked, or declared bankrupt; Failure to apply for registration and announcement in a timely manner at the time of change or termination, causing major losses to interested parties; Engaging in other activities prohibited by law, harming the national interest or the societal public interest.

Questions. Hello, I am the legal representative, the company has been executed, then my personal card will not be frozen.

No, dear. Questions.

Ok thanks!

You're welcome, dear, I wish you a happy life!

Questions. Hello, I would like to ask if the plane can still be seated? Thank you!

Generally, the legal representative of the company will be restricted.

Questions. That means you can't sit down, does it?

Yes dear. Questions.

Ok thanks! You're welcome, you'll be fine [celebrate] bless you.

Legal analysis: It needs to be analyzed on a case-by-case basis. In general, the personal debts of legal persons have nothing to do with the company's property, and the court will not freeze the company's accounts.

If it is a legal person with a one-person limited liability company, if it cannot be proved that the company's property is independent of the legal person's own property, its corporate account can be frozen.

Legal basis: Company Law of the People's Republic of China

Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of 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.

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.

Legal analysis: 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. Shareholders' personal debts have nothing to do with the company's property, and the court will not freeze the company's accounts.

If the court freezes the company's special account: if a legal person owes debts and the court freezes the company's account, the company may raise an objection to the enforcement by the people's court responsible for enforcement in accordance with the law.

Legal basis: Article 225 of the Civil Procedure Law of the People's Republic of China: Where parties or interested parties believe that the enforcement act violates the provisions of law, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.

Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Article 242: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 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.