What are the legal liabilities for shareholders to withdraw their capital contributions?

After the establishment of a company, shareholders who have already contributed capital withdraw their capital contributions by means of false financial statements, fictitious creditor-debt relationships, related party transactions, etc., which is prohibited by the Company Law. The withdrawal of capital contributions will harm the interests of the company, other shareholders of the company and the creditors of the company. 1. The liability to be borne by the companyThe company may require the shareholders who have withdrawn their capital contributions to make up their capital contributions, and the shareholders who have withdrawn their capital contributions cannot defend themselves against the statute of limitations, that is, the liability of the shareholders who have withdrawn their capital contributions to the company to make up their capital contributions is not limited by the statute of limitations.

2. Legal liability to other shareholders of the company In addition to the fact that the company may require the shareholders who have withdrawn their capital contributions to make up their capital contributions, other shareholders of the company who have made full capital contributions in accordance with the agreement may also require the shareholders who have withdrawn their capital contributions to bear the liability for breach of contract in accordance with the relevant provisions of the promoter agreement or the articles of association. 3. Legal liability to the company's creditors The shareholders who withdraw their capital contributions need to bear supplementary liability for the company's debts within the scope of the principal and interest of their withdrawn capital contributions. That is, it is necessary to distinguish between the liability of shareholders who withdraw capital contributions and the creditor's claims that are subject to the statute of limitations.

IV. The transferee of equity who knows or should know about it needs to bear the responsibility for the withdrawal of capital contribution In addition, if the shareholder who has withdrawn the capital contribution transfers the equity and the transferee is aware of the withdrawal of the capital contribution, the transferee needs to bear the liability of making up the capital contribution to the company and the supplementary liability for compensation to the creditor. In addition, there is also the crime of evading capital contributions in the criminal law. Legal basis:

Article 200 of the Company Law of the People's Republic of China If the promoters or shareholders of a company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

1. Transfer the capital contribution to the company's account and then transfer it out after capital verification;

2. Transfer its capital contribution through fictitious creditor's rights and debts;

3. Making false financial and accounting statements to inflate profits for distribution;

4. Use related party transactions to transfer capital contributions;

5. Other behaviors of withdrawing capital contributions without legal procedures.

According to the law, shareholders who withdraw their capital contributions shall bear the following responsibilities:

1. Administrative responsibility.

Article 201 of the Company Law: If the promoters or shareholders of a company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

2. Civil liability.

a. Shareholders who withdraw their capital contributions shall be liable to other shareholders.

Shareholders who have made full capital contributions may, in accordance with the provisions of the articles of association, require the shareholders who have withdrawn their capital contributions to bear the liability for breach of contract.

b. Withdrawing capital contributions to the company to bear tort liability.

The company can sue the shareholders who have withdrawn the funds and require them to return the capital contributions withdrawn.

c. The debts of the shareholders who withdraw their capital contributions to the creditors of the company shall be liable for repayment within the scope of the withdrawn capital.

3. Criminal liability.

Shareholders who withdraw capital contributions may constitute the crime of capital withdrawal when they comply with the relevant provisions of the Criminal Law of the People's Republic of China.

According to the law, shareholders who withdraw their capital contributions shall bear the following responsibilities:

1. Administrative Liability Article 201 of the Company Law: If the promoters and shareholders of the company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributed by the company for reserve transportation.

2. Civil liability: Shareholders who withdraw their capital contributions are liable to other shareholders Shareholders who have made full capital contributions can require shareholders who have withdrawn capital contributions to bear liability for breach of contract in accordance with the provisions of the company's articles of association. The company may sue the shareholders who have withdrawn the funds and require them to return the capital contributions they have withdrawn.

The debts of the shareholders who withdraw their capital contributions to the company's creditors shall be liable for repayment within the scope of the withdrawn capital.

Performance of Withdrawal of Capital Contribution:

1. Transfer the capital contribution to the company's account and then transfer it out after capital verification;

2. Transfer its capital contribution through fictitious creditor's rights and debts;

3. Making false financial and accounting statements to inflate profits for distribution;

4. Use related party transactions to transfer capital contributions;

5. Other behaviors of withdrawing capital contributions without legal procedures.

Civil liability for shareholders who withdraw capital contributions: If their withdrawal of capital contributions causes losses to the legitimate rights and interests of the company, shareholders or other persons, they shall bear certain civil liability for their fault for leaking the chain. In addition, the company registration authority shall also order corrections and impose administrative penalties such as fines of between 5% and 15% of the amount of capital withdrawn.

Legal basis:Article 199 of the Company Law of the People's Republic of China.

If the promoters or shareholders of the company make false capital contributions, fail to deliver or fail to deliver the monetary or non-monetary assets used as capital contributions on time, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of the false capital contributions.

Article 200. If the promoters and shareholders of the company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

If a shareholder withdraws his or her capital contribution and causes losses to the company's creditors, he or she shall be jointly and severally liable for compensation. 1. The liability to be borne by the companyThe company may require the shareholders who have withdrawn their capital contributions to make up their capital contributions, and the shareholders who have withdrawn their capital contributions may not be able to defend themselves in litigation, that is, the liability of the shareholders who have withdrawn their capital contributions to the company is not limited by the statute of limitations. 2. Legal liability for other shareholders of the companyIn addition to the fact that the company may require the shareholders who have withdrawn their capital contributions to make up their capital contributions, other shareholders of the company who have made full capital contributions in accordance with the agreement can also require the shareholders who have withdrawn their capital contributions to bear the liability for breach of contract in accordance with the relevant provisions of the promoter agreement or the articles of association of the company.

The right of other shareholders of the company to claim for breach of contract against the shareholders who have withdrawn their capital contributions is based on the right of contractual agreement, which is different from the company's request for the shareholders who have withdrawn their capital contributions to make up the capital contributions, which is based on the statutory obligation to make up the capital contributions, so the claims of other shareholders of the company against the shareholders who have withdrawn their capital contributions are not subject to the limitation of action in the same way as the company's claims.

Legal basis: Company Law of the People's Republic of China Article 200 If the promoters and shareholders of a company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

Criminal Law of the People's Republic of China Article 159 Where a founder or shareholder of a company violates the provisions of the Company Law by failing to deliver money or goods or transferring property rights, or makes false capital contributions, or withdraws their capital contributions after the establishment of the company, and the amount is huge, the consequences are serious, or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or shall be fined not less than 2% but not more than 10% of the amount of false capital contributions or the amount of capital contributions withdrawn. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention.

Shareholders withdrawing capital contributions need to be liable for breach of contract to other shareholders. According to the relevant laws and regulations, the withdrawal of capital contributions will also be subject to a fine of not more than 5% of the amount of capital withdrawn and not more than 15% of the amount of capital withdrawn. The withdrawal of capital contributions infringes on the interests of the company.

Legal basis] Article 200 of the Company Law.

If the promoters and shareholders of the company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

Article 201.

If the company violates the provisions of this law by setting up accounting books in addition to the statutory accounting books, the people's financial department at or above the county level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.