If a shareholder of the company borrows money and owes debts without permission, does the unaware sh

Legal issues: The legal liability of ****, the **** established by the two people, one of them borrowed a lot of foreign debts without the knowledge of the other **dong and deposited them in his own private account, do the unwitting shareholders still be liable for these debts? Lawyer Zhou:

If the loan is borrowed in the name of the company, the company shall bear the responsibility, and the unaware shareholder may request the borrowing shareholder to return the money to the company, otherwise he will be investigated for criminal liability. Mr. Zhao: Shareholders are liable to the company to the extent of their capital contributions.

If you need a more professional answer, please go to the homepage for a free lawyer consultation and call free legal advice**. Shareholders have the right to consult the articles of association, register of shareholders, corporate bond stubs, minutes of the general meeting of shareholders, resolutions of the board of directors, resolutions of the board of supervisors, financial and accounting reports, and make suggestions or questions on the company's operation. Interpretation:

This article is about the right to know of the shareholders of the shares. In essence, it stipulates the right of shareholders to know. This article stipulates that shareholders have the right to inspect the articles of association, the register of shareholders, the stubs of corporate bonds, the minutes of the general meeting of shareholders, the resolutions of the board of directors, the resolutions of the board of supervisors, and the financial and accounting reports, and make suggestions or questions about the company's operation.

Shareholders need to have a certain understanding of the company's relevant situation to attend the general meeting of shareholders and exercise their voting rights on the matters under consideration. However, shareholders do not directly participate in the day-to-day management of the company and do not know the company's operating conditions, so they need to obtain the corresponding information through certain channels. The provisions on the right to know provide shareholders with the possibility to understand the company's situation, which is conducive to the realization and protection of shareholders' rights and interests.

Since the company's operating conditions are directly related to the interests of shareholders, stipulating that shareholders have the right to make suggestions and questions on the company's operation is conducive to brainstorming and improving the company's management.

If a shareholder borrows money in his or her own name, it is a personal debt, and other shareholders are not liable. If the loan contract has an official seal, and the loan is entered into the company's account, and the third party does not know about it, it is a debt of the company, and it is paid off with the company's assets, and the shareholder causes losses to other shareholders, and the other shareholders can recover. If the loan contract is not sufficient to be recognized as a corporate debt, it shall be treated as a personal debt.

If the borrower and the lender maliciously collude to harm the interests of the company, the other shareholders may claim that the loan contract is invalid.

Legal analysis: If the loan is borrowed in the name of the company, the company shall be liable, and the unaware shareholder may request the borrowing shareholder to return the money to the company, otherwise he will be investigated for criminal liability.

Legal basis: Company Law of the People's Republic of China Article 20 Shareholders of the company shall abide by the laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to damage the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Where a shareholder of the company abuses his rights as a shareholder and causes damage to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the company's status as a legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

Legal analysis: If the loan is borrowed in the name of the company, the company shall be liable, and the unaware shareholder may require the borrowing shareholder to bury the money back to the company, otherwise he will be investigated for criminal liability.

Legal basis: Company Law of the People's Republic of China Article 20 Shareholders of the company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights in accordance with the law, and shall not abuse their rights to damage the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

As a subject with a legal personality, a company is a civil subject under the law. As the contributors of the company, the shareholders of the company generally bear limited liability for the company's debts to the extent of their capital contributions, but under certain special circumstances, the company's hidden shareholders must also bear joint and several liability for the company's debts. The details are as follows:

1.false contributions; 2.Insufficient capital contributions; 3.

Withdrawal of capital contributions; 4.The liquidation of the company failed to fulfill the obligation of notification and announcement in accordance with the law.

Article 3 of the Company Law stipulates that a company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the company's debts with all its assets. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the company shall be liable to the company to the extent of the shares they subscribe.