Traditional Culture Encyclopedia - Hotel accommodation - Legal liability of hotel legal person
Legal liability of hotel legal person
Legal analysis: 1. The legal representative of the hotel has to bear different legal responsibilities on different occasions, and there are many types. For example, in the case of representing the hotel, its personal signature will lead to the consequences of the hotel's responsibility; If the hotel goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the hotel in the future; If the hotel violates the provisions of relevant laws, the person of the legal representative may be restricted, such as refusing to execute the court judgment and detaining the legal representative; If a legal person commits a crime, the legal representative will be subject to criminal punishment, and so on. The above is just a list, not complete. 2. If there are no defects (such as defects in capital contribution) when the legal person is established, the liability for losses shall be borne by the legal person itself, and it is neither a shareholder nor a legal representative. Of course, if it is a state-owned hotel, unless the legal representative has dereliction of duty, the severity reaches the level of criminal law investigation or administrative sanctions should be given; 3. As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it doesn't need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established.
Legal basis: Article 3 of People's Republic of China (PRC) Company Law is an enterprise legal person with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
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