How to bear the loss of technology shareholding, and whether the loss of technology shareholding

Technology shareholding refers to the behavior of technology holders (or technology investors) to invest in the company with technological achievements as intangible assets. After the technological achievements are shared, the technology investor obtains the status of a shareholder, and the property rights of the corresponding technological achievements are transferred to the company. Technology shareholding is one of the commonly used forms of investment in society.

According to Article 20 of the Company Law of the People's Republic of China, shareholders of the 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 27 Shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary terms, such as physical objects, intellectual property rights, and land use rights, which can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

Article 28 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 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.

These laws and regulations can also be used as an important reference.

Actually, we can also look at the situation:

1. If it is a partnership, you must bear 25% of the debt;

2. If it is a limited liability company, the debts are borne by the company and have nothing to do with the shareholders;

3. It is recommended to look at the nature of the company on the company's business license. Looking at the role of technology content on the company or enterprise, some technologies can account for more than 50% of the shares, and some may only have 10% of the shares.

To sum up, we know that we can look at it in accordance with the law, if the company's shareholders abuse their power and bring losses to the company, they should bear all the responsibility, and then we can determine according to the situation. In fact, the best situation is that when we invest in technology, we need to think clearly, whether we have the ability to bring profits to the company, whether our ability is limited, and know the consequences we should face if we fail.

In principle, the shareholders of the technology shares do not bear the loss, because the company has independent property rights. Take responsibility for the collapse of all your own property. Those who have a stake in a partnership must bear the liabilities. This is because a partnership has no legal personality.

Legal basis] Article 3 of the Company Law.

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.

Article 4. The shareholders of the company enjoy the rights of the sale of assets, participation in major decision-making and selection of managers in accordance with the law.

Summary. Hello dear! In principle, the shareholders who contribute to the capital shall not be liable for the loss of technology shares.

It is borne by the company, which is a corporate legal person. Because the company has legal personality, the legal person has independent property rights and is liable for the company's debts with all its own property. However, under the statutory circumstances, the system of denial of legal personality shall be applied.

Hello dear! In principle, the shareholders who contribute to the capital shall not be liable for the loss of technology shares. It is borne by the company, which is a corporate legal person.

Because the company has the status of a legal person, the legal person has independent property rights, and bears responsibility for the company's debts with all its own property. However, under statutory circumstances, the system of denial of legal personality shall be applied.

legal basis; Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its assets. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholder of the **** shares, Fang Hui, is limited to the shares subscribed for, and bears the responsibility for the company.