What are the rights and responsibilities of shareholders Rights and responsibilities of shareholders

See the Companies Act. If you're a small and medium-sized investor, don't look into that, it's not going to be of much use to you.

Shareholders are not responsible.

It is limited liability to the company's capital contribution.

Article 111 of the Company Law stipulates the right of minority shareholders of shares to file lawsuits, but does not stipulate the right of minority shareholders of limited liability companies to file lawsuits. In the author's opinion, regarding the right to file a lawsuit, the minority shareholders of **** can refer to the provisions of Article 111, and there are no provisions on the qualification of the shareholders who file a lawsuit, the statute of limitations for filing a lawsuit, and the right to claim compensation. In practice, minority shareholders try to protect their rights and interests through litigation, but due to the lack of sufficient basis for filing a lawsuit against minority shareholders, the judicial department generally does not file a case, which is caused by the shortcomings of the current legislation on companies.

Pay attention to rights and shirk responsibility.

See the Company Law of joint-stock enterprises

Read more information.

You can find it on the ferry!

The rights and responsibilities of shareholders mainly include: (1) receiving dividends and other forms of benefit distribution according to the shares they hold; (2) Participate in or appoint shareholders to attend shareholders' meetings; (3) Exercising voting rights according to the shares held by the wheel; (4) To supervise the company's business behavior, and to make suggestions or inquiries; (5) transferring, donating or pledging the shares held by it in accordance with the provisions of laws, administrative regulations and the articles of association of the company; (6) Obtain relevant information in accordance with the provisions of laws and articles of association; (7) When the company is terminated or liquidated, it participates in the distribution of the remaining property of the company according to the share of shares it holds; (8) Other rights granted by laws, administrative regulations and the articles of association. (9) Abide by the articles of association; (10) Pay the share fee according to the shares subscribed for and the way of shareholding.

Article 20 of the Company Law of the People's Republic of China Shareholders of a company shall abide by 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 harm the interests of the company or other shareholders; The independent status of the company as a legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. If a shareholder of the company abuses the rights of a shareholder to cause losses to the company or other shareholders, he shall be liable for compensation in accordance with law. If 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, he shall be jointly and severally liable for the company's debts.

Circumstances in which shareholders are liable:

1. Abusing the company's independent legal person status and shareholders' limited liability to evade debts;

2. The person has not paid the capital contribution in full;

3. Other shareholders have not paid their capital contributions in full.

1. Can the business debt be implicated in the personal debt?

Generally, corporate debts will not implicate individuals, but if a shareholder abuses the rights of a shareholder and causes losses to the company or other shareholders, if a shareholder abuses the independent status of a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of the company's creditors, or if a shareholder fails to pay capital contributions in accordance with the provisions of the Company Law, an individual will be implicated.

2. What is the content of the company's debts and shareholders' repayment?

Company Law Debts and Shareholder Repayment:

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.

If the shareholders of the company withdraw their capital contributions, fail to make full capital contributions, or neglect to establish a liquidation group, resulting in the loss of the company's property and cannot be liquidated, the creditors have the right to require the shareholders to bear the responsibilities and remove them.

3. Whether the shareholder is liable for the insufficient capital contribution before the capital contribution period.

According to the provisions of the relevant laws of China, if the capital contribution period has not expired, the shareholder is not in default of the capital contribution, and the shareholder is not liable for the company's debts, but if the company is bankrupt and liquidated, it will be deemed to have failed to perform the capital contribution and shall be liable. According to Article 28 of the Company Law of the People's Republic of China, shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law.

If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, it shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time. Article 35 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that if the debtor's investor has not fully fulfilled its capital contribution obligation after the people's court accepts the bankruptcy application, the administrator shall require the investor to pay the subscribed capital contribution, regardless of the time limit for capital contribution.

Article 93 of the Company Law of the People's Republic of China After the establishment of the shares, if the promoter fails to pay up the capital contribution in full in accordance with the provisions of the articles of association, it shall make up the payment; The other promoters shall be jointly and severally liable. After the establishment of the shares, if it is found that the actual value of the non-monetary property contributed by the establishment of the company is significantly lower than the amount set by the articles of association, the promoter who delivered the capital contribution shall make up the difference; The other promoters shall be jointly and severally liable.

Article 83 of the Civil Code of the People's Republic of China provides that the investors of for-profit legal persons shall not abuse the rights of the investors to harm the interests of the legal person or other investors; Where the rights of investors are abused and losses are caused to legal persons or other investors, civil liability shall be borne in accordance with law. The investors of a for-profit legal person shall not abuse the independent status of the legal person and the limited liability of the investor to harm the interests of the creditors of the legal person; Where the independent status of a legal person and the limited liability of investors are abused to evade debts and seriously harm the interests of the legal person's creditors, they shall be jointly and severally liable for the debts of the legal person.

In terms of content, the shareholders' capital contribution responsibilities in China's company law are mainly the following four responsibilities: 1. The payment responsibility of monetary capital contributions. That is, if the **** shareholder fails to pay the capital contribution in accordance with the regulations, it shall pay the full amount to the company, and if the promoter of the joint-stock company fails to pay the full capital contribution in accordance with the provisions of the articles of association, it shall make up the payment.

2. Responsibility for making up the difference in non-monetary contributions. That is, after the establishment of the company, if it is found that the actual value of the non-monetary property contributed by the establishment of the company is significantly lower than the amount fixed in the articles of association, the shareholder or promoter who delivered the capital contribution shall make up the difference. 3. Liability for breach of contract.

That is, the shareholders who have not paid the capital contribution shall bear the liability for breach of contract to the shareholders who have paid the capital contribution in full on time, and the promoter of the joint-stock company shall bear the liability for breach of contract in accordance with the promoter agreement. 4. Joint and several liability for capital contribution. That is, for unpaid monetary contributions or non-monetary contributions of insufficient value, other shareholders at the time of the establishment of the limited company and the promoters of the joint-stock company shall be jointly and severally liable for payment or supplementation.

Article 28 of the Company Law: Shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association of the company. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary property is used to make capital contributions, the formalities for the transfer of property rights shall be handled in accordance with the law.

Article 28 of the Company Law: Shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association of the company. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be handled in accordance with law. If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, he or she shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.