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Whether the original legal person needs to bear debts

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Whether the original legal person needs to bear debts


        

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  • 2024-06-05 18:00:50

    The original legal person does not need to bear the debts of the current company. The legal representative only deals with the debt problem on behalf of the company, and it is the company that really needs to bear the company's debt bonds. If the loan is in the name of the company, the replacement of legal person will not affect the repayment, and the company will bear the repayment responsibility. The debt is not borne by the legal person, but by the company. The legal person only deals with the debt problem.

    If the legal person is not a shareholder, the legal person has no direct loss of interest. If the new legal person is a shareholder, that is, the company is transferred from it, but there are rules in the agreement for the transfer of equity. If the original shareholder's debt is not told to the new shareholder, the original shareholder can be held accountable according to the regulations. Before the transfer of the legal person of the company, it is necessary to clarify the matters of debt settlement, and there is an agreement to divide the debt settlement of the original shareholders.

    [Legal Basis]

    In Article 62 of the Civil Code, if the legal representative causes damage to others due to the performance of his duties, the legal person shall bear civil liability.

    After assuming civil liability, a legal person may, in accordance with the law or the articles of association of the legal person, recover compensation from the legal representative who is at fault.

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