The largest shareholder and boss of the company ran away, and the shareholders who have dry shares n

Updated on Financial 2024-04-30
12 answers
  1. Anonymous users2024-02-08

    1. Is it a partnership or a limited liability company?

    2. If it is a partnership, all shareholders bear unlimited joint and several liability, that is to say, the debtor can also find any partner (that is, the so-called "shareholder" you said) to claim all debts, of course, any partner can find other partners to claim compensation after assuming it. External joint and several liability, internal share responsibility (as long as you bear your own).

    3. If it is a limited liability company, you don't have to be liable, you can use the company's property to compensate, and it's okay if you can't compensate... It is recommended to file for bankruptcy and carry out bankruptcy liquidation.

    However, according to what you said, it should be a partnership and need to bear debts.

    Also, as a reminder, when asking questions, make the specific situation clear, and don't have typos, otherwise you won't know what to do...

  2. Anonymous users2024-02-07

    Don't worry, the company's debts only need to be borne by the corporate legal person and the boss as stipulated in the contract, and the boss will have to pay legal responsibility if he runs away. Employees only produce products, and there is only a relationship between employment and employment with the boss, the product is the boss's, and the boss is the person in charge of the law, so as long as you are not a legal person and there is no contractual relationship, you can put a hundred peace of mind, and it has nothing to do with you.

  3. Anonymous users2024-02-06

    In this case, the shareholder does not need to be liable for the debt.

    In a limited liability company, the shareholders are only liable for the amount of their capital contributions, and do not involve private property.

  4. Anonymous users2024-02-05

    That is, the company's debts have nothing to do with the individual shareholders, and the creditors can only take the company's assets, if not enough, also. If the share capital is not paid in full at the time of registration, it may be liable to the extent that it has been subscribed but not paid.

  5. Anonymous users2024-02-04

    Yes, just bear your own dry stock ratio.

  6. Anonymous users2024-02-03

    Summary. Hello, it's a pleasure to answer for you. In the case of a branch, if it is a limited liability company and a share, the company will be liable for its property.

    Shareholders bear debts with the amount of their capital contributions in the company, and the failure of major shareholders does not affect the liability of minority shareholders. In the case of general partners in general partnerships and limited partnerships, there is an impact on the need to be jointly and severally liable for the debts of the business.

    If the big boss of the company runs away, will the shareholders have to bear all the responsibility?

    Hello pants, I'm honored to answer for you. In the case of the branch, if it is a limited liability company and a share, the company shall be liable for the external lead with its property. Shareholders bear debts with the amount of their capital contributions in the company, and the failure of major shareholders does not affect the liability of minority shareholders.

    In the case of ordinary partnerships and limited partnerships, they need to bear unlimited joint and several liability for the debts of the enterprise, which will have an impact.

    Request for liquidation of the company. If the legal representative of the registered company does not issue a power of attorney (notarized), he or she needs to go to the industrial and commercial bureau in person to go through the registration procedures. Article 25 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons Article 25 The principal responsible person for exercising the functions and powers of a representative enterprise that has been approved and registered by the competent registration authority shall be the legal representative of the enterprise legal person.

    The legal representative is the signatory who exercises his or her powers on behalf of the corporate legal person in accordance with the articles of association. The legal representative of the enterprise must be a person with full capacity for civil conduct, and shall comply with the provisions of national laws, regulations and policies.

    My friend also had a stake in that company, and the big boss ran away.

    Is he going to be held responsible?

    If it is a limited liability company and a share of the company, Fengshan Company will bear the responsibility for its property. Shareholders bear debts with the amount of capital contributions in the company, and the departure of major shareholders does not affect the banking responsibilities of minority shareholders. In the case of general partners in general partnerships and limited partnerships, there is an impact on the need to be jointly and severally liable for the debts of the business.

    In other words, the company's debts are to be borne by my friend?

    Yes, if it is a general partner in a general partnership or a limited partnership, you need to bear the corresponding responsibilities.

    If it is a valid liability company, it does not have to bear it? So what are those people calling a** for?

    Is the partnership to be compensated?

    The limited liability company does not have to bear it, and if there is a problem, it will definitely be affected.

    The partnership is to be compensated. It is necessary to bear unlimited joint and several liability for the debts of the enterprise.

    It's a limited liability company, and the minority shareholders are not responsible, so don't you care about those people who call **?

    It is within the scope of your friend's responsibility that needs to be borne, and those who are not within the scope of responsibility do not need to bear, and there is no joint and several liability.

  7. Anonymous users2024-02-02

    Summary. Dear, good boss, the company's major shareholder ran the company's debts, and you can report to the police or sue the court. According to Article 20 of the Company Law, if 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 damage the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

    Article 152 stipulates that if a director or senior manager violates the provisions of laws, administrative regulations or the articles of association of the company and harms the interests of shareholders, the shareholders may file a lawsuit in the people's court.

    Dear, good boss, the company's major shareholders have run the company's debts, and they can report to the police or file a lawsuit with the court. According to Article 20 of the Company Law, if 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 damage the interests of the company's creditors, he shall be jointly and severally liable for the company's debts. Article 152 stipulates that if a director or senior management member violates laws, administrative regulations or the provisions of the company's articles of association and harms the interests of shareholders, the shareholders may file a lawsuit in the people's court.

    Legal basis: Article 20 of the Company Law stipulates that if a shareholder of a company abuses the independent status of the company's legal person and the limited liability of the shareholder, evades debts, and seriously damages the interests of the company's creditors, he shall be jointly and severally liable for the company's debts. Article 152 If a director or senior management officer violates the provisions of laws, administrative regulations, or the articles of association of the company and harms the interests of shareholders, the shareholders may file a lawsuit in the people's court.

  8. Anonymous users2024-02-01

    Summary. Hello dear for your question, oh <>

    What should I do if the company's major shareholder runs away from the company's debts, and if the shareholder's company is the subject of its own debts, it can require its company to bear the corresponding responsibilities, and the shareholders do not need to come forward. If the shareholder is the guarantor of the company's debts or the shareholder still has unfulfilled obligations to the company, the company may determine the obligations of the shareholders by way of litigation and seek judicial means to demand enforcement. If a shareholder evades debts, the shareholder's personal property may be recovered.

    What should I do if the company's major shareholder runs away from the company's debts.

    Hello dear for your question, oh <>

    If the company where the shareholder works is the subject of the company's debts, the company where the shareholder is responsible for the debt, the company where he works can be required to bear the corresponding responsibility, and the shareholder does not need to come forward. If the shareholder is the guarantor of the company's debts or the shareholder still has unfulfilled obligations to the company, the company may determine the obligations of the shareholders by way of litigation and seek judicial means to demand enforcement. If a shareholder evades debts, the shareholder's personal property may be recovered.

    Legal basis: Article 152 of the Company Law of the People's Republic of China Where a director or senior manager violates the provisions of laws, administrative regulations or the articles of association of the company and harms the interests of shareholders, the shareholders may file a lawsuit in the people's court. Article 20 of the Company Law 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 the independent status of the company as a legal person and the limited liability of shareholders to harm the interests of the company's creditors.

    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. Amendments to the Criminal Law (6) Where a company or enterprise carries out false bankruptcy by concealing property, assuming fictitious debts, or otherwise transferring or disposing of property, seriously harming the interests of creditors or other persons, the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than 5 years or rough short-term detention, and/or a fine of not less than 20,000 yuan but not more than 200,000 yuan.

  9. Anonymous users2024-01-31

    Shareholders who owe debts to the company are liable. For corporate debts, shareholders only have limited liability to the company with their own subscribed shares. However, shareholders withdraw their capital contributions; Insufficient capital contributions; If there is only one de facto shareholder of the company, and the remaining shareholders are only nominal shareholders or fictitious shareholders, they shall be jointly and severally liable for the company's debts.

    The circumstances under which shareholders are required to bear the company's debts are as follows:

    1. The shareholder's capital contribution is false and the actual capital contribution is not realized, or the capital contribution does not reach the proportion agreed by the shareholder in accordance with the company's articles of association;

    2. Shareholders withdraw fundsSome shareholders will withdraw the capital contribution paid as share capital after the company is registered, which reduces the company's capital and violates the principle of unchanged capital of the company.

    If the company is required to bear the corresponding debt liability in the lawsuit, but the company is unable to perform, the shareholders of the company may encounter the possibility of demanding liability within the scope of the capital evacuation.

    1. What are the responsibilities of the shareholders of the company for withdrawing capital contributions?

    1. The civil liability of the shareholders who withdraw their capital contributions to the company.

    Shareholders' capital contribution is an important part of the company's assets, and the act of withdrawing capital contribution infringes on the property right of the company, and the company has the right to claim for the return of property in accordance with the law. If the act of withdrawing capital contribution directly causes other losses to the company, the actor shall bear the corresponding liability for damages.

    2. The shareholders who withdraw their capital contributions shall be liable for breach of contract of the shareholders who have fully fulfilled their capital contribution obligations.

    The withdrawal of capital contribution infringes on the property rights of the company, and shareholders who have fully fulfilled their capital contribution obligations have no right to request the withdrawal of capital contributions and their interest to the company. The company establishment agreement or the articles of association of the company are contracts between the promoters or shareholders, and the promoters and shareholders have the contractual obligation to pay the capital contribution to the company on time and in full, and the withdrawal of capital contribution affects the proper performance of the contract and violates the contractual obligations, and the shareholders who have paid the capital contribution in full enjoy the contractual right to request the defaulting party to return the capital contribution and its interest to the company in accordance with the law.

    3. The civil liability of the shareholders who withdraw their capital contributions to the company's creditors.

    If the creditor's rights of the company's creditors cannot be realized, the shareholders who withdraw the capital contribution shall bear supplementary liability for the company's debts.

  10. Anonymous users2024-01-30

    Legal analysis: No, under normal circumstances, after the shareholders pay the capital contribution in full, Yinzhou does not need to bear the company's debts, and the company is liable for its debts with all its assets.

    Legal basis: "Company Law of the People's Republic of China" Article 3 The 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 shareholders of the shares are liable to the company to the extent of the shares they subscribe.

  11. Anonymous users2024-01-29

    Dry shareholders are not required to bear the company's debts.

    Dry shares are shares given by a joint-stock company free of charge; Dry shareholders refer to shareholders who do not actually contribute capital or use factors such as labor services, credit, names of natural persons, goodwill, etc., which do not conform to the form of capital contribution stipulated in the Company Law, and occupy a certain proportion of the company's shares, and can receive dividends in accordance with the corresponding proportion.

    According to the relevant laws and regulations, the shareholders of a limited liability company shall be liable to the company to the extent of the amount of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe. Shareholder qualifications must be registered in accordance with the law, and dry shareholders do not have actual capital contributions or statutory capital contributions, resulting in no actual shareholder qualifications, so dry shareholders do not need to bear debts.

    However, if the dry shareholder is registered with the industrial and commercial bureau through the change of the company's shareholders, he will become a formal shareholder and fully enjoy the rights and obligations of the shareholder.

  12. Anonymous users2024-01-28

    1.It can be dealt with by alarming directly. 2.

    If the company's legal person runs away, the shareholders have the right to ask the company to carry out bankruptcy liquidation, and the shareholders should protect their own rights and interests. Convene a general meeting of shareholders and make a request for change of legal representative, seal and other changes, appoint a new legal representative, make minutes of the meeting and related documents, and within 30 days of making this decision with the shareholders' meeting, raise the loss to the original company registration authority, including the above change request.

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