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Anonymous users2024-02-06In real life, many shareholders of the company will abuse the rights of shareholders, infringe on the interests of the company or other shareholders, and if the interests of the company are harmed, they will be jointly and severally liable for the company's debts, so how to let the small shareholders who damage the interests of the company withdraw? The Company Law of the People's Republic of China stipulates that 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'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. When the people's court transfers the equity of a shareholder in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that the other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.
In other words, when the minority shareholders of the company have behaviors that damage the company, the other shareholders of the company can convene a shareholders' meeting to vote on the acquisition of the minority shareholders' equity, thereby disqualifying them as shareholders. Legal basis: Article 20 of the Company Law of the People's Republic of China stipulates that 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'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. Article 72 of the Company Law of the People's Republic of China stipulates that when a people's court transfers a shareholder's equity in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that other shareholders have the right of first refusal under the same conditions.
If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.
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Anonymous users2024-02-05The information is too vague, and according to your description, it should be that the majority shareholder is infringing on the company's interests. The will of the majority shareholder is generally carried out through the company's board of directors and senior executives. It is recommended to collect evidence, the listed company should report to the local securities regulatory bureau, and the non-listed company should submit to the shareholders' meeting to remove the senior executives or directly sue the court.
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.
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