Can a shareholder who owes money to the company be the legal representative under the company law?

1. The legal representative of the company is not necessarily a shareholder;

2. You said that the legal representative of the company owes you 500,000 yuan, and I think the most important thing for you is to have two guarantees: one is the guarantee of evidence. The evidence of the money owed to you must be okay (IOUs, payments, bills, signatures, witnesses, circumstantial evidence, etc.); Second, you must find out whether the legal representative is personally or the company owes you money, whether it is a company act or an individual act; The amount owed by a "legal person" depends on the actual situation and relevant evidence to determine whether it is an individual or a company, such as:

The IOU is stamped by the company, signed by the legal person, and the money is used for the company, so it must be owed by the company, and if the company does not repay the debt, you can apply to the court for seizure.

3. If there is evidence that it is a legal person's personal behavior, and the money is also used for personal purposes (what is the key evidence for the use of money), then this case has nothing to do with the company, and if the legal person is not a shareholder, there is no reason for you to recover money from the company, and then you have to file a civil lawsuit to let the legal person bear the obligation to repay.

It is possible to enforce the equity and dividends of other companies. Because equity and dividends are personal investment interests, they can be used as enforcement property in court enforcement. The legal basis is as follows:

Articles 51-54 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts provide:5

1. The people's court has the right to rule to prohibit the judgment debtor from withdrawing and the relevant enterprise from paying the judgment debtor to the judgment debtor the due dividends or bonuses and other income due from the relevant enterprise, and to require the relevant enterprise to pay directly to the applicant for enforcement. The people's court may take freezing measures against the dividends or bonuses that the person subject to enforcement expects to receive from the relevant enterprise, prohibiting the person subject to enforcement from withdrawing and the relevant enterprise from paying the person subject to enforcement after the expiration date. After the expiration date, the people's court may withdraw from the relevant enterprise and issue a receipt for the withdrawal.

52. The people's court may seize the share certificate (**) held by the person subject to enforcement in other shares, and force the person subject to enforcement to transfer it in accordance with the relevant provisions of the Company Law, or directly dispose of it by auction or sale, or directly compensate the creditor to pay off the debts of the person subject to enforcement. 5

3. The people's court may take measures to freeze the investment rights or equity of the person subject to enforcement in a limited liability company or other legal person enterprise. 5

4. After the investment rights and interests of the person subject to enforcement in the legal person enterprise established by the person subject to enforcement are frozen, the people's court may directly rule to transfer them, and use the proceeds of the transfer to pay off their debts to the applicant for enforcement.

As long as he is not a dishonest person and is not on the national blacklist, he can do the law.

Yes, it's his right, he has it

After the company owes debts, it is generally the company to repay them. As a legal person with independent subject qualifications, the company has independent legal person property, independently participates in civil activities, and independently bears civil liability. For the debts of the company, the company and all its property are liable to the outside world.

Shareholders, on the other hand, are liable for the company's debts to the extent of their subscribed capital contributions or subscribed shares. Under normal circumstances, as long as the shareholder actually fulfills the obligation of capital contribution, then it will no longer bear the liability for the company's debts, but if the shareholder withdraws capital contribution or other illegal and criminal acts that infringe on the company's property, the shareholder must not only bear the corresponding criminal liability, but also bear the corresponding responsibility for the company's debts. To sum up, the company's debts are generally borne directly by the company's legal person, and creditors cannot directly find shareholders and require shareholders to repay debts, because shareholders are only liable to the extent of their capital contributions, but under special circumstances, when shareholders are jointly and severally liable for the company's debts, creditors can directly find shareholders to repay.

Article 3 of the Company Law The company is an enterprise legal person, has independent legal person property, enjoys the property rights of a legal person, and the company is liable for the company's debts 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 20 of the Company Law The shareholders of the company shall abide by the laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law. Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

If the legal representative is the sole shareholder of the company, of course you can sue, if not, then you can't sue!

We all know that when suing a company, we must write down the name of the company's legal representative, because the legal representative must respond to the lawsuit on behalf of the company, or entrust others to litigate on behalf of the company.

According to the provisions of the Company Law, if the sole shareholder of **** cannot prove that his property and the company's property are separate and independent, then he will be jointly and severally liable for the debts of the company's Youmin!

This is the legal basis for suing the sole shareholder, in which case the burden of proof is on the sole shareholder.

If the legal representative of the company is not a shareholder and does not bear joint and several liability for the company's debts, then the legal representative cannot be sued for liability!

The company and its shareholders can be sued to the court as co-brothers and defendants, if there is no evidence to prove that the company needs to be jointly and severally liable with the company for the independence of the company's financial negotiations. In addition, if the lawsuit is not filed together, the shareholder can also be added as the person subject to enforcement during the enforcement process.

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<> the company owes money and has nothing to do with the legal representative, the company independently bears civil obligations, the company's legal representative has no responsibility for the debts of the enterprise, does the company owe money has anything to do with the legal representative?

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<> the company owes money and has nothing to do with the legal representative, the company independently undertakes the civil obligations of the elderly, and the company's legal representative Yan Ranren is not responsible for the debts of the enterprise, but if it is caused by the intentional or gross negligence of the legal representative, the shareholders of the company can require the legal representative to bear tort liability, and if it constitutes a crime, he will be investigated for criminal liability. Relevant laws and regulations: 1. Article 3 of the Company Law The company is an enterprise legal person, 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 shall be liable to the company to the extent of their subscribed capital contributions; Shares LimitedThe shareholders of the company are liable to the company to the extent of the shares they subscribed for. <>

The legal representative owes money and cannot be repaid by the company. The company and the legal representative of the company are independent legal entities, and the assets and debts of the two cannot be mixed. The company is only liable for the repayment of the company's debts. Therefore, the company is not obliged to repay the debts owed by the legal representative.

However, if the legal representative has shares in the company, he can request the execution of the company's shares to repay debts.

1. Does the legal person of the company have to hold shares?

A legal person is a company that has the ability to assume responsibility independently. The legal representative shall not be a shareholder and shall not hold shares of the company. The legal person of the company is very important to a company, because according to the relevant laws and regulations, the company must have a legal representative, so the legal representative is different from other positions, not applied for by himself, but more of an appointed position, so it is more difficult for the legal person of the company to resign.

The legal representative of the company shall be the chairman of the board of directors, directors and managers of the company as stipulated in the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed. The chairman and executive director must be shareholders, but managers are not necessarily shareholders.

2. Whether the legal representative has any responsibilities after resignation.

Generally, no, the specific situation is analyzed on a case-by-case basis. Generally, it is borne by the company's property, and the general legal representative does not bear it. The company has an independent personality, and the legal representative does not need to bear the company's debts if he is a natural person, but the legal representative after the change is responsible for the debts of the original company.

However, if the legal representative has made false capital contributions, he will also bear the corresponding liability. According to the relevant laws and regulations of China, the legal representative of the company has the corresponding rights, and at the same time, it may also bear different responsibilities according to different circumstances, such as civil, administrative or criminal liability.

3. Can the legal representative of the company be added as the person subject to enforcement?

The company is a legal person, and the company is responsible for all the debts of the company, and it is itself the person subject to execution, so there is no problem of addition. If the legal person is the legal representative, it is generally not possible to add the legal representative as the person subject to enforcement, because the legal representative is not jointly and severally liable for the company's debts.

Unless the legal representative is a shareholder of the company, and he or she has made false capital contributions, made capital contributions, or abused the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously damage the interests of the company's creditors; and if the legal representative is at fault for the company's debts, it is necessary to bear joint and several liability for the company's debts, and the representative of the legal cancellation can be added as the person subject to enforcement.

Article 2 of the Company Law states that a company is an enterprise legal person, has an independent legal person's financial 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.

The company's debts are borne by the company with all its own property, the company is a legal person organization that independently enjoys civil rights and bears civil obligations in accordance with the law, and the company's debts are borne by the company with all its own property. However, after the company bears the debt, it may recover from the legal representative who is at fault in accordance with the provisions of the law or the articles of association.

1. Can the company repay the arrears?

The legal representative of the company does not have to repay the arrears, and the legal representative of the company is not liable for the debts of the enterprise, but if it is caused by the intention or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear tort liability, and if a crime is constituted, he shall be investigated for criminal liability.

2. Can the company's corporate account be frozen if the personal arrears of the company's legal person are frozen?

Shareholders' personal debts have nothing to do with the company's property, and the court will not freeze the company's accounts. If a legal person owes debts and the court freezes the company's account, the company may raise an objection to enforcement by the people's court responsible for enforcement in accordance with law.

Article 225 of the Civil Procedure Law stipulates that: "If a party or interested party believes that the enforcement act violates the provisions of the law, he or she 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. "The court's freezing of the company's account is an enforcement act, and the enforcement act is incorrect, because the debtor is the company's legal representative and not the company, so the company's account should not be frozen in accordance with the law. The company, as an interested party, has the right to raise an objection to the enforcement of the court's erroneous freezing act in accordance with the law.

The purpose of freezing the account of the defendant or the person subject to enforcement is to prevent the parties from transferring funds and evading debts according to the application of the parties or ex officio. Therefore, as long as it belongs to the defendant or the actual executor, the court can freeze it. In addition, the amount frozen by the court shall be limited to the amount applied for preservation or the amount of the subject matter of enforcement, and if the funds in the account exceed the frozen amount, the excess funds can still be used normally.

The company is an enterprise legal person, has independent legal person property, enjoys the property rights of legal person, and the company is liable for the company's debts with all the company's property. Therefore, the company owes debts to the legal person, not the shareholders.

Legal basis: Article 3 of the Company Law of the People's Republic of China The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of the legal brothers. 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 of **** shall bear the responsibility for the company to the extent of the shares they subscribe.

Legal analysis: Generally speaking, for the company's debts, according to the provisions of the company law and relevant legal theory principles, it must be borne by the company, and the shareholders will not bear the debts of the company, because the shareholders have limited liability for the company, and the so-called limited liability means that when the company becomes a relative, the shareholders must pay the capital contribution in full and obtain equity according to the equity ratio agreed in the company's articles of association.

Legal basis: Article 60 of the Civil Code of the People's Republic of China.

A legal person shall independently bear civil liability with all its property.