The IOU is sealed by the company and signed by the legal representative, which belongs to the behavior of the company. If a lawsuit is filed, the company should be taken as the defendant, and the legal representative belongs to the duty behavior, so the lawsuit cannot be filed in the personal name of the legal representative.

If you take a company account, it is considered as a company loan. If the loan is credited to the personal account of a legal person, in principle, you should also consider that the individual is a corporate legal person and the company is a borrower. The company as a legal person and the * * * company shall be responsible for repaying the loan, and shall be jointly and severally liable for repayment. Unless it can be proved that the loan is not used for the company operation but for the private operation of the legal person, it is a personal debt.

legal ground

Company Law of the People's Republic of China

Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys 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.

Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.