Can a judgment defaulter be a shareholder?

According to the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters, the so-called "judgment defaulters" refer to judgment debtors who "have the ability to perform but do not perform the obligations set forth in effective legal documents". Article 6 of the judicial interpretation stipulates that "credit punishments" shall be imposed on "judgment defaulters" in areas such as procurement, bidding and bidding, and administrative examination and approval.

It can be seen that a person who has been included in the "Judgment Defaulter List" by the people's court should perform the obligations stipulated in the effective judgment document before he can become a shareholder of a new company.

The attached "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" was adopted by the 1582nd meeting of the Adjudication Committee of the Supreme People's Court on July 1, 2013, and promulgated by Fa Shi 2013 No. 17, and came into force on October 1, 2013.

Article 6. The people's courts shall report the information on the Judgment Defaulters List to the relevant departments, financial regulatory bodies, financial institutions, public institutions undertaking administrative functions, industry associations, and so forth, for the relevant units to give credit punishments to judgment defaulters in areas such as procurement, bidding and bidding, administrative approvals, support, financing and credit, market access, and qualification determinations in accordance with laws, regulations, and relevant provisions.

The people's courts shall report the information on the Judgment Defaulters List to the credit reporting establishments, and the credit reporting establishments are to record it in their credit reporting systems.

Where judgment defaulters are state employees, the people's courts shall notify their unit of the circumstances of their untrustworthiness.

Where judgment defaulters are state organs or state-owned enterprises, the people's courts shall notify the unit at the level above or the competent department of the circumstances of their untrustworthiness.

Now the rules are no, and you can't buy air tickets, and the train ticket says you can't even buy a sleeper. It is to let the dishonest person feel what kind of consequences will be brought about by the dishonesty of others, and how much loss will be caused to himself. Some time ago, there were reports that someone had been in arrears for several years and had been dragging his feet and not paying back, but now he took the initiative to repay the loan, saying that it was because he couldn't buy air tickets and high-speed rail tickets, which had affected his company's business and caused a great impact.

In the future, it is said that these will also be included in the personal credit system, and if there is a problem in the personal credit system, it may cause a series of problems. So if it works, you must repay the loan quickly, otherwise the impact will be quite large.

The Supreme Court enforces compulsory enforcement against untrustworthy persons who fail to repay arrears, publishes a blacklist of untrustworthy persons online, does not allow them to purchase airline tickets or stay in business hotels, and restricts the handling of credit cards and loans.

According to Article 6 of the Civil Procedure Law of the People's Republic of China:

The people's courts shall report the information on the Judgment Defaulters List to the relevant departments, financial regulatory bodies, financial institutions, public institutions undertaking administrative functions, industry associations, and so forth, for the relevant units to give credit punishments to judgment defaulters in areas such as procurement, bidding and bidding, administrative approvals, support, financing and credit, market access, and qualification determinations in accordance with laws, regulations, and relevant provisions.

The people's courts shall report the information on the Judgment Defaulters List to the credit reporting bodies, and the credit collecting bodies are to record it in their credit reporting systems.

Where judgment defaulters are state employees, the people's courts shall notify their unit of the circumstances of their untrustworthiness.

Where judgment defaulters are state organs or state-owned enterprises, the people's courts shall notify the unit at the level above or the competent department of the circumstances of their untrustworthiness.

Legal Analysis: Those who have the ability to invest and are included in the list of judgment defaulters by the people's courts may be shareholders of the company, but cannot become the legal representative of the company, and where the judgment defaulters are natural persons, they must not serve as the legal representative, director, supervisor, senior manager, etc. of the enterprise.

Legal basis: Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters

Article 3: Where the person subject to enforcement feels that their inclusion in the Judgment Defaulters List is in error, they may apply to the people's court for corrections. If the person subject to enforcement is a natural person, the person subject to enforcement shall generally go to the people's court to submit and explain the reasons; Where the person subject to enforcement is a legal person or other organization, the legal representative or responsible person of the person subject to enforcement shall generally go to the people's court to submit and explain the reasons. Where upon review the people's courts find that the reasons are sustained, they shall make a decision to correct them.

Article 7: Where judgment defaulters meet any of the following circumstances, the people's courts shall delete the relevant information from the judgment defaulters list:

1) They have fully performed the obligations set forth in effective legal documents;

2) Reaching an enforcement settlement agreement with the person applying for enforcement and confirming the completion of performance by the person applying for enforcement;

3) The people's court rules to terminate enforcement in accordance with law.

Legal analysis: If you enter the taxpayer blacklist, it will have an impact on the legal person, the company's financial director, and shareholders. Generally speaking, the main type of virtual vertical should affect the following:

1. You can't be a legal person. 2. Loans have an impact. 3. Leaving the country has an impact.

4. The receipt of social security may be affected.

Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law:

1. Refusal to perform the obligations set forth in effective legal documents despite having the ability to perform;

2. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;

4. Violating the property reporting system;

5. Violating the order restricting consumption;

6. Refusal to perform on the enforcement of the settlement agreement without justifiable reasons.

Judgment defaulters can generally also be shareholders as long as they subscribe to a certain amount of capital contributions in accordance with the law. However, after the judgment defaulter becomes a shareholder, if he has the ability to execute, the equity may be enforced. Judgment defaulters refer to judgment debtors who do not perform the obligations set forth in effective legal documents, and where there are legally-prescribed circumstances, the people's courts are to give them credit punishments in accordance with law.

1. How can the old man be included in the list of judgment defaulters.

The way to include Lao Lai in the list of judgment defaulters is as follows: the court takes the initiative to pull the judgment debtor into the blacklist. The applicant shall apply to the court to include the person subject to enforcement in the blacklist.

Where the person subject to enforcement fails to perform the obligations set forth in the effective legal documents, and has the ability to perform but refuses to perform on the assignments set forth in the effective legal documents, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law.

2. Why is Lao Lai not afraid of the court?

Lao Lai is not afraid of the court for the following reasons:

1. If you don't have money, you can only be a fool;

2. Punishments for untrustworthiness have no impact on them.

Judgment defaulters refer to persons who have not performed the obligations set forth in effective legal documents and have legally-prescribed circumstances such as "failure to perform when they have the ability to perform" or "resistance to enforcement", and are thus entered into the list of judgment defaulters by the people's courts in accordance with law. Where judgment defaulters actively perform the obligations set forth in effective legal documents or take the initiative to correct untrustworthy conduct, the people's courts may decide to delete information on untrustworthiness in advance.

Article 1 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

In any of the following circumstances, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law:

1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;

2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;

4) Violating the financial resources and rolling production reporting system;

5) Violating an order restricting spending; Remainder.

6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

Legal analysis: On November 14, 2013, the Executive Bureau of the Supreme People's Court signed a memorandum of cooperation with the Credit Investigation Center of the People's Bank of China to jointly clarify the relevant work operating procedures for the inclusion of information on the list of untrustworthy persons subject to enforcement into the credit investigation system. In the future, the information on the Judgment Defaulters List will be integrated into the judgment debtors' credit files, and provided to financial institutions and other units in the form of credit reports, for relevant units to weigh and consider in the review of loans and other operations.

The purpose of this judicial interpretation is to guide courts at all levels in the correct and effective use of credit punishment measures, to establish a list of judgment defaulters who are acting as a defense, and to urge judgment defaulters to perform their obligations as soon as possible, and to promote the establishment of a social credit system.

If a lawsuit has been processed, then the company's litigation records in court cannot be expunged. The retention period is permanent and will not be deleted, unless otherwise provided by law. There is no way to erase court files.

But the court's case files are kept for a long time. If you want to remove the list of dishonests, please comply with the corresponding legal obligations.

Legal basis

Company Law of the People's Republic of China Article 74 In any of the following circumstances, the shareholders who voted against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **:

1) The company has not distributed profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this Law;

2) The merger, division or transfer of the main property of the company;

3) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution specified in the articles of association, and the shareholders' meeting adopts a resolution to amend the articles of association to make the company survive.

If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.