My dad originally set up a factory with two partners, but now it is bankrupt and in debt, what shoul

This matter should be treated differently, first of all, is your father the legal representative? It doesn't mean that there is a general boss that means that your father must not be the legal representative, check who the legal representative is on the industrial and commercial registration or business license. Secondly, even if your father is not the legal representative, don't panic, see if the IOU signed by your father at that time was for the purpose of the company's business, that is, your father signed the IOU because of the company's related business, and you should know when you take out the contract.

If your father is both the legal representative and the IOU signed for the company's business, then according to the provisions of the economic law, such an IOU is jointly and severally liable, that is, the partners bear the corresponding liability according to the contract at that time, and if the contract does not agree, the responsibility is shared equally. If the contract is signed because of the company's business but your father is not the legal representative, then it depends on whether your father has obtained the authorization of the legal representative, and it may be necessary to file a lawsuit for the judge to judge.

Article 35 of the General Principles of the Civil Law of the People's Republic of China stipulates that the debts of a partnership shall be repaid by the partners with their respective properties in accordance with the proportion of capital contribution or the agreement agreed.

The partners are jointly and severally liable for the debts of the partnership, unless otherwise provided by law. A partner who repays the debts of the partnership in excess of the amount he should bear shall have the right to recover from the other partners.

There are two kinds of partnerships, one is an ordinary partnership, and the other is a limited partnership, from what you described, your father is a general partner and needs to bear unlimited joint and several liability for debts, but if your father pays more debts than he should pay, he can recover from the other partners. For the other two partners, since your father is a general partner and has the right to represent the partnership externally, the IOU signed by your father is valid for the entire partnership. Therefore, if the debtor comes to collect the debt, you can ask the other partners to repay according to the agreement, and if there is no agreement, you will repay according to the proportion of capital contribution, and you can also recover from the other partners and require them to pay the amount that should be paid.

If a loss occurs during the partnership operation and the partner fails to share the partnership debts as agreed or fails to reasonably share the partnership debts when withdrawing from the partnership, the withdrawing partner shall be liable for repaying the debts of the original partnership; If the withdrawing partner has already shared the debts of the partnership, he shall still be jointly and severally liable for all the debts incurred during his participation in the partnership. The property of the partnership that is divided by the partners when they retire from the partnership shall include the property invested in the partnership and the property accumulated during the partnership, as well as the creditor's rights and debts during the partnership.

Partnership Enterprise Law of the People's Republic of China

Article 33.

The distribution of profits and losses of the partnership shall be handled in accordance with the provisions of the partnership agreement;

If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation;

If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions;

If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.

The partnership agreement shall not stipulate that all profits shall be distributed to the partners of the department or that some of the partners shall bear all losses.

Partnership Enterprise Law of the People's Republic of China

Article 38.

The partnership shall first pay off its debts with all its property.

Partnership Enterprise Law of the People's Republic of China

Article 39.

If the partnership is unable to pay off the debts due, the partners shall bear unlimited joint and several liability.

Legal analysis: The legal consequences of the partner's withdrawal and withdrawal are as follows: First, the partner loses his or her partner qualification; Second, the withdrawing partner requests the other partners to settle Zheng Song according to the property status of the partnership that the withdrawing partner is and return the property share of the withdrawing partner. Third, the withdrawing partner shall be jointly and severally liable with other partners for the debts of the partnership that have occurred before the withdrawal from the partnership; Fourth, if the assets of the partnership are less than the debts of the partnership when the partners withdraw from the partnership, the withdrawing partner shall share the losses in accordance with the proportion agreed in the peace agreement; if the proportion is not agreed, the loss shall be shared equally by each partner; Fifth, if there are less than two members of the partnership due to the withdrawal of the partners, the partnership may be terminated accordingly.

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

Article 967:A partnership contract is an agreement entered into by two or more partners for the purpose of a common undertaking to share benefits and risks.

Article 968: A partner shall fulfill the obligation of capital contribution in accordance with the agreed method, amount and payment period.

Article 969:A partner's capital contribution, income obtained in accordance with law as a result of partnership affairs, and other property are partnership property.

Before the termination of the partnership contract, the partners may not request the division of the partnership property.

Legal Analysis: A partnership is a cooperative business organization, and the partners involved in the partnership have different abilities to bear debts due to their different economic strengths.

Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to the laws and regulations;

2) the social insurance expenses and taxes owed by the bankrupt person other than those provided for in the preceding paragraph;

3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

The salaries of the directors, supervisors and senior managers of the bankrupt enterprise shall be calculated according to the average wages of the employees of the enterprise.

Do not do partnership business, partners are most likely to have disputes, to submit the partnership agreement signed by both parties, creditor's rights and debts, liquidation procedures, write a complaint to the court.

Legal Analysis: The debts of the partnership company should be jointly and severally liable by the company after the division. If the partnership is divided, the property and debts before the combustion should be divided accordingly.

After the split, the company should prepare a balance sheet of assets and a list of assets. The company should notify creditors within 10 days from the date of the resolution to divide and publish it in a newspaper within 30 days. The debts of the partnership company before the division are jointly and severally liable by the company after the division.

Where a legal person is divided, its rights and obligations shall be jointly and severally obligated by the legal person after the division, and joint and several debts shall be borne by the legal person, unless otherwise agreed upon by the creditor and the debtor.

Summary. Hello, glad to answer for you! <>

If you partner with your brother to open a store, you don't have to bear the debts he owes personally. In our daily life, the debts of the partners need to be paid off by the individual. After all, the words are different in terms of xing, and at the same time, it is necessary to remind everyone that the debt business of the partnership is repaid by the partnership property, and if it belongs to an ordinary partnership, the individual partner also needs to bear the relevant repayment responsibility.

Partnering with my brother to open a store, do I have to bear the debts he owes privately?

Hello, glad to answer for you! <>

Da Honghua did not excite him] and his brother partnered to open a store, and you don't have to bear his personal debts. In our daily life, the debts of the individual of the people need to be paid off by the individual. After all, the words are different in this aspect, and at the same time, it is necessary to remind everyone that the debt business of the partnership is to repay the lead property, and if it is an ordinary partnership, the individual partner also needs to bear the relevant repayment responsibilities.

The so-called personal debts of partners refer to the relevant debts borne by partners engaged in various activities with others in their personal names, which includes two aspects: one is the debts borne by partners before joining the partnership; The second is the debts incurred when participating in the operation of the partnership enterprise and engaging in other operations or related activities. It should be distinguished that when the partner acts ultra vires his authority when performing the affairs of the partnership, the legal consequences arising therefrom, especially the relevant debts, although the relevant debts should be borne by the partner personally, this is caused by his excessive prudence and the corporate debts that do not belong to him, and the two cannot be mixed up.

The personal debts of the partners are not related to the partnership and should be repaid by the partners personally.

Legal analysis: Whether the partners need to bear the debts before the enterprise after the new occupation During the existence of the limited partnership, if the partner joins as a general partner in the middle of the limited partnership, it has nothing to do with the partnership debts before joining.

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

Article 1 This Law is enacted for the purpose of regulating the organization and behavior of the company, protecting the legitimate rights and interests of the company, shareholders and creditors, maintaining social and economic order, and promoting the development of the socialist market economy.

Article 2 The term "company" in this Law refers to a limited liability company and a stock company established in China in accordance with this Law.

If a party refuses to bear the debt, it can sue to protect its rights.

1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

"There is no agreement at the time of the partnership" is quite unfavorable for you.

Because the partnership itself is a very strong "people-to-people" organization (that is, emphasizing the trust of the people in the organization), it is often out of trust that the partnership is adopted, and the people who do not trust it are not suitable to adopt this method.

Legally speaking, a partnership agreement is a written agreement on the rights and obligations between partners, and if there is no written agreement, it is okay for the other party to admit that there is an oral agreement; But from the lawyer's point of view, once this kind of oral agreement goes to court, the other party may not admit it, and in the end you will have to bear the adverse consequences.

It is recommended that you make a recording in advance, you can have circumstantial evidence on one side, and retell the process of the partnership between the two people and the agreement at the time, as long as the other party agrees, this recording will play a considerable role in the future.

Usually, the partners take responsibility and share the benefits according to the agreed share. Even if a partner bears all the liabilities due to the reasons of the partnership, he can also require the other partners to bear the corresponding share of the liability in accordance with the provisions of the partnership agreement.

It is recommended that you consult a local lawyer to protect your rights and interests to the greatest extent.

Hope the above information is useful to you.

In your case. Externally, creditors can ask for money from any of your partners, but internally, you share the debt, and if you ask you for money, and you pay it off, you can recover from the other partners. They are not out of the way to sue for enforcement. If you are satisfied, give points.

According to the relevant provisions of China's civil law, a partnership of natural persons has several basic characteristics: joint investment, joint operation, sharing of income, sharing of risks, and unlimited joint and several liability to external parties. You should start gathering evidence from these points to prove that you are a partnership of natural persons.

You can look for witnesses, physical evidence, or other forms of evidence. For example, whether there are witnesses (or other forms) to prove that you have entered into a verbal agreement to the partnership; Receipts for the distribution of profits during the partnership, etc.; What form does the other party ...... in (money, services, real estate, etc.).

If you don't have evidence, it's hard to prove that you're a partnership, and let them take on the debt.