What are the provisions of the new Company Law on the system of denial of corporate personality?

Updated on society 2024-06-12
29 answers
  1. Anonymous users2024-02-11

    The amended Company Law (hereinafter referred to as the New 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. Reason for adding:

    The specific meaning of the system of "denial of corporate personality" or "lifting the corporate veil" is that when a shareholder abuses the independent status of the company's legal person and the limited liability of the shareholder to evade debts, the shareholder loses the right to bear limited liability for the company's debts only limited to the amount of capital contribution, and shall be jointly and severally liable for all the debts of the company.

    In real life, some shareholders abuse their rights by transferring the company's property and mixing the company's property with their own property, resulting in a large reduction of the company's property that can be used to perform debts, and seriously harming the interests of the company's creditors. To this end, the Company Law has been amended this time, drawing on the precedents and legal provisions of some developed countries with market economies that have legal effect, summing up the trial practice experience of China's people's courts, and adding the above provisions. The introduction of this system provides the necessary institutional arrangements for preventing the risk of abusing the corporate system, ensuring the safety of transactions, safeguarding the interests of the company's creditors, and maintaining the order of the market economy.

  2. Anonymous users2024-02-10

    The new Company Law stipulates that the system of denial of legal personality shall not abuse the rights of shareholders to harm the interests of the company and other shareholders. If the company abuses the rights of shareholders and causes losses to the company and other shareholders, it shall be liable for compensation in accordance with law.

  3. Anonymous users2024-02-09

    The new Company Law stipulates that shareholders of a company shall not abuse their shareholder rights to harm the interests of the company and other shareholders, and shall not abuse the independent status of the company's legal person and the limited liability of shareholders to harm the interests of the company's creditors; If the company abuses the rights of shareholders and causes losses to the company and other shareholders, it shall be liable for compensation in accordance with law. Where a shareholder of a company abuses the company's status as an independent legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, he shall be jointly and severally liable for the company's debts. This can restrain the behavior of some corporate shareholders from abusing limited liability to evade debts and legal obligations, and harm the interests of creditors and the public interest.

  4. Anonymous users2024-02-08

    Real-name authentication must be carried out in person, and no other person's ID card can be used to go through the procedures, and the requirements are much stricter to prevent the appearance of the bag company.

  5. Anonymous users2024-02-07

    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.

  6. Anonymous users2024-02-06

    The New Company Law has clear provisions on the system of denial of the qualifications of legal persons, so the corporate legal person system must be based on the system of the New Company Law.

  7. Anonymous users2024-02-05

    The new "Company Law" requires that the registered company must be present in person, and cannot register the company with the identity of another person, so as to put an end to the bag company.

  8. Anonymous users2024-02-04

    The new company law has new provisions on the system of denial of personality of corporate legal persons. It stipulates that corporate legal persons shall not abuse their powers. Take advantage of your position. Acts that seek benefits for oneself and harm the interests of other shareholders and the company.

  9. Anonymous users2024-02-03

    The new Company Law stipulates that if a person abuses his power and causes property losses to the company or its shareholders, the criminal liability will be investigated if the circumstances are serious.

  10. Anonymous users2024-02-02

    The main thing is to increase the punishment for malicious non-payment of wages, etc.!

  11. Anonymous users2024-02-01

    The new company law has new provisions on the system of denial of corporate personality, and the corporate legal person shall be jointly and severally liable for malicious arrears, rather than limited liability limited to the amount of capital contribution.

  12. Anonymous users2024-01-31

    The new Company Law has a negative impact on the Company Law. Personality denial system. It shows that a legal person should not be a person in the first place, but should be regarded as a subject of responsibility.

    But in fact, this statement does not make much sense. There's really something wrong. If you want.

    If you are held responsible, you still have to pursue that.

  13. Anonymous users2024-01-30

    What are the provisions of the new company law on the corporate personality denial system, the new company law, that is, the legally responsible person, has new regulations, the new regulations are that it must be strictly passed, well, the employment bureau or something is that he is stricter.

  14. Anonymous users2024-01-29

    The new Company Law has stricter provisions on the denial of the personality of the company's legal representative, and strictly prohibits shareholders from violating laws and disciplines by taking the position of legal representative.

  15. Anonymous users2024-01-28

    The new company law should have a new provision on the Linko system of corporate legal persons, that is, companies can have criminal legal rights, but they cannot abuse their rights, that is, they must exercise their legal rights in accordance with the proper laws and regulations.

  16. Anonymous users2024-01-27

    The new company, the law, the right, the original, the law.

    Fill in the company's vulnerabilities and deficiencies.

    It is not possible to be the legal representative of the company.

    Do whatever you want, if you abuse your rights.

    has caused losses to the company, and the shareholders of the company can hold him accountable in accordance with the law.

    Now a little bit of a corporate legal representative.

    The property of the company and the property of the individual are often mixed together for the purpose of transferring property.

    Caused by the mix, not pro, but the new company it!

    It is to feel that the behavior has been severely punished.

    and the corresponding terms.

  17. Anonymous users2024-01-26

    The person who can serve as the legal representative is the chairman, executive director or manager, and the legal representative can only be one person.

  18. Anonymous users2024-01-25

    The new company law has a lot of qualifications for legal persons, so there are many denial systems, which means that they will have this kind of institutional agreement when they are together.

  19. Anonymous users2024-01-24

    For the "Company Law", everyone must be on duty to the evil heart, such a thing, the family has a family law, and the state has a national law. The company has a company, and you must do it according to your own rules no matter where you are. No problem. You can't relax.

  20. Anonymous users2024-01-23

    The Company Law is there, and everyone wants it. Comply with this rule. Be sure to follow the rules and don't make mistakes.

  21. Anonymous users2024-01-22

    The fact that the company is issued does not necessarily mean that the legal person of the company is not unlimited. Their rights will also be limited by law, and they must not abuse their power. In disguise, the company's employees and shareholders have legal protection.

  22. Anonymous users2024-01-21

    Every company law has company regulations, and employees must obey the company's regulations.

  23. Anonymous users2024-01-20

    The public is a system of denial of the personality of a legal person. What are the rules? Whoever makes a mistake must follow the rules.

  24. Anonymous users2024-01-19

    The personality of the legal representative must have a sense of responsibility, be able to provoke the beam, and dare to assume all the responsibilities of the company.

  25. Anonymous users2024-01-18

    What you said, the Company Law negates the personality of the Company Law. What are the rules of the denial system? They all understand what you said, and when it comes to hygiene, I can't even understand it. What do you mean by that? What does it mean to deny your legal personality?

  26. Anonymous users2024-01-17

    I am a law-abiding person and act according to the system, and legal persons are no exception.

  27. Anonymous users2024-01-16

    I'm a new company, and I have a company personality lock-in system for new companies, and I have regulations for each company.

  28. Anonymous users2024-01-15

    There are very big regulations for the company's legal person, and if it is really a system, you can learn more about the content of the contract and national laws.

  29. Anonymous users2024-01-14

    Legal analysis: The denial of corporate personality, also known as the denial of corporate personality, refers to the legal system in which the shareholders of a company abuse the independent status of the company's legal person and the limited liability of shareholders to evade debts, seriously damaging the interests of the company's creditors, and the creditors can go beyond the company's legal personality and directly request the "bad shareholders" who abuse the shareholder qualifications to bear joint and several liability for the company's debts. We know that the company, as an independent legal person, enjoys independent property rights from the date of issuance of the business license, and is a civil subject, and the shareholders enjoy the corresponding equity and exercise the corresponding shareholder rights, if the shareholders use the name of the company to use the property belonging to the company to contribute capital to the company through related party transactions, fictitious accounts, etc., it will not only damage the interests of the company's creditors, but also damage the interests of other shareholders. If the board of directors or board of supervisors of the company fails to act, then other shareholders of the company may sue the "bad shareholders" in their own name to claim compensation for the company's losses.

    Legal basis: Company Law of the People's Republic of China Article 20 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 damage 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.

    If a shareholder of a company abuses the company's independent status as a legal person and the limited liability of shareholders to evade debt burning, seriously harming the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

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