The company owes the goods legal person changed how to do
The company owes the goods legal person changed how to do, now some of the old rogue company owed a high amount of debt, it will be a lot of excuses, the creditor to go to the new legal representative, he by saying that he has no responsibility! Then the question comes, when the company owes the payment of legal person change how to do?
One, the legal person changes, and does not affect the debt owed by the company before.
In accordance with the relevant laws, the change in the company's legal personality does not affect the previous claims and debts, the debt is still borne by the company. Why the new legal person is shirking his responsibilities, is that he is a legal person this "legal concept" there is a blind spot. Legal person is an organization on behalf of the company, not a person. The company has an independent personality, regardless of the new legal person or the old legal person, as long as the company owes a foreign debt or loan, it will continue, not with the change of the legal person, the debt does not exist.
Therefore, the creditor directly to the current legal person on the line, to fulfill the company's previous debts. Unless the old legal person in the debt contract signed a "joint and several guarantee" statement of responsibility outside, only to find the old legal person.
Two, the debt preservation system, to deal with the change of the legal person to escape the debt set.
If the new legal person explains the company should continue to bear the responsibility for the debt, the other party remains indifferent. Creditors can apply to the court for debt preservation, debt preservation system is: when the old bad enterprise has attempted to transfer property and change the legal person to escape the suspicion of debt, in order to prevent the damage of the claim, the creditor can replace the position of the old bad enterprise to the third party to drive the "debtor" rights; or to revoke the old company and the third party's civil acts of the Legal system.
Subrogation rights such as: the old company and other companies have a cooperative relationship, other companies owe the old company 100,000 yuan payment, you can apply to the court for other companies to pay you 100,000 yuan directly.
The right to revoke such as: the old company wants to engage in property transfer, want to sell the company 500,000 yuan of equipment 100,000 yuan at a low price, you can exercise the right to revoke the withdrawal of this bad . Behavior.
Three, to deal with the old bad company, you can ask a professional debt collection agency.
Usually after the old rogue company changes the legal representative, the next step is to recklessly transfer the property, sell the equipment at a low price, in fact, buy these equipment or their own hired torrents, and ultimately, the property is still hidden in their own pockets.
The court can't supervise the outflow of property 24 hours a day, and there are many "believers" under the old company who help to transfer the property, so the creditors should look for a professional debt collection company. The company has a professional investigator to help you see the old company's property flow, even if you later apply for enforcement, there is evidence to follow.
Legal analysis:
1, according to the law, the company's business registration matters change (including the change of legal representative), the original company's debt should be by the change of all the company, do not need to explain. If you do need to issue the relevant information, but also as long as the change of the company's debts and liabilities by the change of the unit to assume its debts and liabilities.
2, if the company name loan, change the legal person does not affect the repayment of the company to assume the responsibility for repayment. Debt is not a legal person to bear, is the company to bear, the legal person just deal with the debt. If the legal person is not a shareholder, then the legal person has no direct loss of interest.
Legal basis
Article 67 of the People's Republic of China **** and National Code The merger of legal persons, its rights and obligations by the merger of legal persons to enjoy and bear. Separation of legal persons, their rights and obligations by the separation of legal persons enjoy joint and several claims, joint and several debts, but the creditor and the debtor agreed otherwise.
One, as a creditor, in the face of the fact that the debtor company to change the legal person, you should do?
Do not panic. As a creditor, surely expect their own claims can be strong protection, if you owe you the debt of the company's legal person replaced, you are not going to feel very panic? Fear because of the change of legal person company will not recognize the debt, their own claims will be lost.
The fact is not so simple, you do not have to worry, which is so annoying, because the provisions of the law is not with the replacement of the legal person, the company owed the debt on the demise of the reason. Because the debt does not die out, then there is no reason to worry about it. Do not panic about what to do on what, don't be in a hurry to get angry.
Ignore whatever. The legal representative of the debtor company replaced, you as a creditor do not have to care at all, and do not be too anxious, because your claim will not die out, the company owes you a debt can not be erased, what should be done to do, do not be too anxious.
Continue to ask for the debt. You as a creditor, in the debtor company to replace the legal person, you can still exercise your creditor's rights, take the corresponding creditor's voucher, timely to the debtor company to claim the right can be, this is your right, no one can deprive.
Two, the company replaced the legal person, the previous debt will die out?
Not extinct. If you are a creditor, I believe that your most concerned about the problem should be this, the legal person changed, is not with the demise of the debt, not the new official does not care about the old debt, this argument, but in fact I can be very sure to tell you that the company owed the debt and will not be with the replacement of legal persons and the demise.
The debt continues to exist. On the contrary, the company's legal person changed, just on behalf of the company changed the legal representative body, the representative body changed, and will not lead to the company's fundamental changes, that is, the company owed the debt, as long as the company is still there, not canceled, then the debt is still there, and the change of legal person has nothing to do.
The main body of debt payment is the company. Because the main body of the debt is the company itself, the company's legal representative is only as the company's spokesman, and only limited liability for the company, only one person company or sole proprietorship company may bear unlimited joint and several liability. The shareholders of the company have to bear the limited liability in accordance with their share of the company's shares.
Three, as the debtor, in the company after the change of legal personality should be how to deal with the debt owed.
Contact creditors in time. The company's legal person changed, the debt relationship will not be changed, the company as the main body of the enterprise, the legal person should actively contact the creditor after the change, inform the enterprise's current situation, but also to the creditor to show the specific attitude, the debt to pay the money, will not be because of the change of the legal person and renege on the debt, to give the creditor to eat a pill of peace.
Timely settlement of all debts. There is borrowing, and then borrowing is not difficult, as a market entity, debt should find ways to pay off all the debts as soon as possible, the debt pressure on the body, business operations will also be affected, and actively find ways to renege on the dead debt to pay off the company as soon as possible to the development of the right track, it is the most prudent and the most sensible approach.