Do I need to be held liable for the company s mismanagement and arrears?

Updated on society 2024-03-01
12 answers
  1. Anonymous users2024-02-06

    No, first of all, there is no written agreement that you are a shareholder of the company, and the company's debts are borne by the company's legal person and shareholders. The company is an independent legal person, and the debts are borne by the company independently.

  2. Anonymous users2024-02-05

    You look at the company, how to ship, your salesman, go to class.

  3. Anonymous users2024-02-04

    If the company is not operating well, you will be responsible for the arrears, and if you are a part-time worker, you will not need to be responsible.

  4. Anonymous users2024-02-03

    Shareholders are to have proof, and will come to the meeting, negotiate the company's direction, as well as the annual dividend profits, since you have withdrawn, although you were a shareholder before, but did not participate in the company's decision-making later, and there is no dividend record, then you have no responsibility, if you also participated in the company's shareholders' meeting, participated in the opinions, it is possible that you are also jointly and severally liable.

  5. Anonymous users2024-02-02

    Hello, the company's external debts are borne by the company within the scope of property, and the company has an independent legal personality and will not involve individuals. Only if the shareholder has false capital contributions, etc., may be jointly and severally liable with the company within the scope of the capital contribution.

  6. Anonymous users2024-02-01

    You are responsible if you are a legal person or a partner, but you are not responsible if you are an employee.

  7. Anonymous users2024-01-31

    It depends on whether you have written materials, if you don't, you can't prove that you are a shareholder, and the second depends on whether you have received dividends in the company, if you have taken and signed, this can also prove that you are a shareholder.

  8. Anonymous users2024-01-30

    Are you a corporation? No, there is no responsibility.

  9. Anonymous users2024-01-29

    Legal analysis: If the company is in arrears of wages due to poor management, there are three solutions: 1. Complain and report to the local labor and social security supervision agency; 2. To apply for arbitration to the local labor dispute arbitration commission, it is necessary to pay attention to the need to submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; 3. Resolve through litigation.

    In the case of a labor dispute, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court.

    Legal basis: Article 120 of the Civil Procedure Law of the People's Republic of China: A lawsuit shall be filed with the people's court or submitted a complaint, and a copy shall be submitted according to the number of defendants.

    Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

  10. Anonymous users2024-01-28

    The company owes money, how to deal with the operator.

    Hello dear! We're happy to answer for you! <>

    The company owes money, and the operator should deal with it as follows: The company owes money when the company's debt exceeds the capacity of its assets or income, resulting in the inability to repay the debt on time. If a company owes a significant amount of money, it can have a serious impact on the company's operations and reputation.

    Here are some common ways operators deal with money owed by their companies:1Negotiate with creditors:

    Business operators can take the initiative to contact creditors and negotiate with them to formulate repayment plans or deferred payment plans. This reduces the financial burden on the company while also maintaining the company's reputation and credibility. 2.

    Reduced costs: Operators can increase the company's cash flow by reducing production costs, cutting unnecessary expenses, etc., making it easier to repay debts. For example, it is possible to cancel some unnecessary projects, reduce employee benefits, etc.

    3.Seek external financing: If the company owes a lot of money, the operator can consider seeking external financing, such as borrowing, issuing bonds, etc.

    This can help companies solve short-term funding problems, but the cost of interest and other expenses needs to be mindful. 4.**Assets:

    Operators can consider some unnecessary assets to obtain cash to use to repay debts. Routine thoughts, such as, can ** some idle equipment, real estate, etc. Regardless of the method adopted, the operator should promptly deal with the arrears of the company to avoid long-term impact on the company's operation and reputation.

  11. Anonymous users2024-01-27

    The legal representative of the enterprise does not need to be held liable for the arrears. If the legal representative causes damage to others due to the performance of his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may recover compensation from the legal representative who is at fault in accordance with the provisions of the law or the legal person's charter.

    According to the regulations, the company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person.

    The People's Republic of China Ha Cave Justice".

    Article 3. The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.

    The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions;

    The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

    Company Law of the People's Republic of China

    Article 21.

    The controlling shareholders, actual controllers, directors, supervisors, and senior managers of the company shall not use their affiliation to harm the interests of the company.

    Anyone who violates the provisions of the preceding paragraph and causes losses to the company shall be liable for compensation.

    Company Law of the People's Republic of China

    Article 53.

    The board of supervisors and the supervisors of a company without a board of supervisors shall exercise the following functions and powers:

    1) Inspect the company's finances;

    2) Supervise the performance of the duties of the directors and senior management personnel, and propose the removal of directors and senior management personnel who violate laws, administrative regulations, the articles of association or the resolutions of the shareholders' meeting;

    3) When the behavior of directors and senior management personnel harms the interests of the company, require the directors and senior management personnel to make corrections;

    4) Propose to convene an extraordinary shareholders' meeting, and convene and preside over a meeting of shareholders when the board of directors fails to perform its duties of convening and presiding over a meeting of shareholders as stipulated in this Law;

    5) To make proposals to the shareholders' meeting;

    6) In accordance with the provisions of Article 151 of this Law, initiate litigation against directors and senior managers;

    7) Other functions and powers stipulated in the articles of association.

  12. Anonymous users2024-01-26

    The legal representative of the company does not need to be held liable for the arrears, and the legal consequences of the civil activities engaged in by the legal representative in the name of the legal person shall be borne by the legal person, but if it is caused by the intention or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear tort liability.

    [Legal basis].

    Article 61 of the Civil Code of the People's Republic of China.

    In accordance with the provisions of the law or the legal person's charter, the person in charge of engaging in civil activities on behalf of the legal person is the legal representative of the legal person.

    The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person.

    The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.

    Article 62.

    Where the legally-designated representative causes harm to others as a result of performing their duties, the legal person bears civil liability.

    After a legal person bears civil liability, it may recover compensation from the legal representative at fault in accordance with the provisions of the law or the provisions of the legal person's charter.

    Article 13 of the Company Law.

    The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the company's chapter Minyoucheng, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

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