What is the crime of a shareholder settling the money, and what is the crime of a shareholder steali

Whether it is authorized by the company, if it is authorized by the company, the shareholder is not guilty of settling the payment and paying it to the company in time.

If the company fails to pay the payment after the payment is settled, or refuses to pay the payment to the company by taking advantage of the company's position, it may involve the crime of embezzlement.

The first paragraph of Article 271 of the Criminal Law of the People's Republic of China stipulates: "Where a person of a company, enterprise or other unit takes advantage of his position to illegally take possession of the property of his or her own unit, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property." ”

Based on this, it can be determined that the subject of the crime of embezzlement in public office is "personnel of a company, enterprise or other unit", specifically, including:

1. Non-state functionaries of state-owned companies, enterprises, or other units take advantage of their work to illegally take possession of the unit's property, and the amount is relatively large;

2. Non-state functionaries of non-state-owned companies, enterprises, or other units who take advantage of their positions to illegally take possession of the property of their own units, and the amount is relatively large. The above-mentioned personnel are all officially registered or on the staff of the unit, or have specific powers or positions, or are engaged in work with certain actual content, and may take advantage of their positions to embezzle the unit's property and become the subject of the crime of embezzlement in public office.

Depending on the circumstances and the amount of money, it may constitute the crime of theft, embezzlement, and evasion of capital contributions.

Ask him if he is the legal representative and whether there is such a provision in your agreement.

Suspected of embezzlement of company property or misappropriation of funds.

Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

Article 272:Where a staff member of a company, enterprise, or other unit takes advantage of his position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than three months, or if the amount is relatively large but is not more than three months, or is engaged in profit-making activities, or illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

Embezzlement.

It refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large. Whether the crime of embezzlement in public office can be established can only be determined after an investigation by the judicial organs. You can go to the judicial authorities to report the crime.

where the amount is relatively large, the sentence is up to five years imprisonment or short-term detention, and where the amount is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. With reference to the interpretation promulgated by the Supreme People's Court, it is stipulated in the larger amount"5,000-20,000 yuan"In terms of the huge amount, 100,000 yuan is taken as the starting point of the huge amount.

For the crime of misappropriation of funds, China's "Criminal Law" stipulates that the staff of a company, enterprise or other unit take advantage of their position to embezzle the funds of their own unit for personal use or lend to others, and the amount is relatively large and has not been repaid for more than 3 months, or although the amount has not exceeded 3 months, the amount is relatively large, and profit-making activities are carried out, or illegal activities are carried out.

Article 3 of the Company Law stipulates that a company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. After the shareholders make their capital contributions, the individuals they contribute have been converted into the company's property.

Therefore, in order to better protect the property of the enterprise, and also to protect the personal interests of shareholders from the risk of criminal prosecution, shareholders should break the old concept in distinguishing personal property from corporate property, understand the common sense provisions of relevant laws, and have a clear understanding of the definition of the nature of the company's property. If a shareholder violates the laws and regulations on enterprise management and embezzles the property of the enterprise without authorization, it not only infringes on the rights of other shareholders, but also infringes on the property ownership of the enterprise, and may even violate the criminal law and constitute the crime of embezzlement.

Embezzlement, self-theft by guards It's so professional, I can think of just these two words.

It may constitute the crime of embezzlement, but it depends on what position the shareholder holds in the company, if it is only a shareholder and does not have the right to operate and manage the finances in the company, it may constitute the crime of theft or fraud.

Depending on the specific circumstances, it may be suspected of embezzlement.

You can call the police or sue for compensation.

It's not a crime, it's just a civil act, and it depends on whether it's an infringement or not.

This situation is an act of misappropriation of the company's funds, which is illegal, and if the misappropriated funds reach a certain amount, it can be suspected of constituting a crime. It is recommended to negotiate with the shareholder to return the company, and other shareholders can report to the public security organ.

If the amount is huge, they can sue him for embezzlement or civil lawsuit, and return the unjust enrichment.