In the case of a husband and wife company, do the husband and wife have joint and several capital co

A limited liability company owned by a husband and wife. Are the spouses jointly and severally obligated to contribute to each other? Not assumed.

Husband and wife partnership****, the shareholders are husband and wife. However, the investment funds of both parties have not been paid. If the company goes bankrupt at this time, the shareholders (husband and wife) are required to make up the investment funds according to the proportion of capital contribution.

For example, the registered capital of the company is 100w, and the husband and wife are 50% each, and both parties have not paid the full investment of 50w. Then, before the company goes bankrupt, in accordance with the requirements of the Company Law, the shareholders are required to make up the capital contribution ratio. Before bankruptcy, if the company has a legal dispute with other companies or natural persons, and it is determined that the company needs to pay money to other companies or natural persons.

It can be transferred from the back-up investment funds.

If both husband and wife are investors of the company, then they are respectively responsible for the corresponding capital contribution, and it has nothing to do with whether they are husband and wife, and there is no joint and several obligation. At the legal level, both husband and wife are natural persons

If the initiator does not contribute the full amount of capital, the initiator shall be jointly and severally liable to the third party. Therefore, if the husband and wife company fails to make full capital contributions, it shall bear joint and several liability.

Husband and wife companies have the obligation to jointly and severally contribute to the company, because the company is the joint property of their husband and wife, so after the divorce, if the style company is styled, it must be styled according to the size of the obligation to contribute.

Hello, both husband and wife are shareholders and contributors of the company, and the capital contribution belongs to the subscription system, which is their legal obligation, and they can be investigated for legal responsibility for not contributing capital in accordance with the company law.

Both husband and wife are investors, which means that both husband and wife are shareholders of the company and natural persons contributing to the company, and each bears their own responsibilities and has no joint and several obligation to make capital contributions.

Husband and wife salary, do husband and wife have the obligation to rent out the work? This is definitely yes, the joint property of the husband and wife, the name of the husband and wife, this must have the obligation to bear the joint leasing company to lease and the obligation to operate jointly.

Husband and wife companies are jointly and severally liable for each other, and it is agreed at the time of registration.

Both husband and wife of the husband and wife shall bear the obligation of joint and several capital contribution to the company, because both husband and wife belong to the investor.

It is impossible for the husband and wife of the nearby company to bear the obligation of joint and several capital contribution to the company. Because copying does not necessarily contribute to the clothes, it is impossible for the husband and wife to bear the obligation of joint and several capital contribution to the company, because the copying does not necessarily contribute to the clothes, but they are jointly and severally liable for the company's well, operation.

Whether the husband and wife have joint and several capital contribution obligations to the company, I think that under normal circumstances, as long as it is a company owned by a husband and wife, he should bear joint and several capital contribution obligations.

If the company is the joint property of the husband and wife, the husband and wife jointly contribute the assets. If the company is a husband and wife, the capital contribution obligation shall be made in proportion to the capital contribution.

If there are some responsible companies, there are none; Otherwise, there are joint and several obligations.

Supreme Court precedent: The **** funded by the husband and wife is essentially a person ****, and the husband and wife should be jointly and severally liable for the company's debts.

The salary of the husband and wife, whether the husband and wife have joint and several capital contribution obligations to the company, it must be. undertake.

Whether the husband and wife of the husband and wife have joint and several capital contribution obligations to the company will tell you that as long as you are a legal person, you are jointly and severally liable.

Yes. It is necessary to bear the obligation of joint and several capital contribution.

Whether the husband and wife are jointly and severally liable for the debts of the husband and wife company depends on whether they are shareholders of the company, and it is necessary to decide whether they are jointly and severally liable according to the nature of the company.

Husband and wife company, do husband and wife deny the obligation to contribute to the company, I don't think so, husband and wife are a joint and several business company.

In the case of a husband and wife company, whether the husband and wife have the obligation to make joint and several capital contributions to the company, in this case, the new Civil Code does not need to provide for it.

If the husband and wife have joint property, once they are separated, the previous loan will be jointly borne. Whoever has more property will bear more loans. If the agreement between the two parties cannot be negotiated, the Court of Appeal shall make a fair ruling.

In the case of a husband and wife company, the property of the company is jointly owned by the husband and wife, and of course the debts of the company should also be borne jointly by the husband and wife.

Husband and wife company, whether the husband and wife bear the obligation of joint and several capital contribution to the company, husband and wife company, see who is the legal person, and who will undertake the new legal person? Legal liability.

Does the husband and wife have a joint and several amenity obligation with the company? Husband and wife companies, husband and wife loan companies are responsible for cleaning up the rain and fog.

Yes, except in exceptional circumstances.

Husband and wife company, whether the husband and wife have the obligation to contribute capital to the company, in this case, should it be because of the relationship between husband and wife?

Look at the person in charge of the company's legal department.

Shareholders of an enterprise are generally not jointly and severally liable. However, if the shareholders have the following circumstances: 1. If the company's shareholders have insufficient capital contribution, they shall bear joint and several liability for the insufficient part; 2. The company's extorted shareholders abuse the company's independent status as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of the company's creditors; 3. Other circumstances.

Article 20 of the Company Law of the People's Republic of China Shareholders of the company shall abide by the 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.

Shareholders who owe debts generally do not need to bear joint and several liability, and the company is an enterprise legal person, with independent legal property and legal person property rights. 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.

Partnership Enterprise Law of the People's Republic of China

Article 2. For the purposes of this Law, the term "Yunda Partnership" refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law.

A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership. Where this Law has special provisions on the form of liability of the general partner, follow those provisions.

A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

The method of joint liability of husband and wife limited liability companies needs to be discussed on a case-by-case basis.

Whether the husband and wife need to bear joint and several liability for the company's debts can be divided into two kinds of emotional situations to consider and analyze, the first situation is that the company is a company jointly established by the husband and wife; In the second case, the company is not a company established by the husband and wife, and only one of the husband and wife borrows debts.

1. In the first case, according to the relevant provisions of the Company Law, when family members, such as husband and wife, jointly invest in the establishment of a company, they need to use their respective property as the registered capital, and then bear their respective corresponding responsibilities. At the time of company registration, a written certificate or agreement indicating the division of property must be submitted. Therefore, for this kind of situation where there is a division of property and clear responsibilities, the husband and wife shall bear the corresponding responsibility for the company's debts according to the registration situation.

Then, if the husband and wife contribute to the establishment of a company with joint property, according to the law, the husband and wife are a legal community of property, and the property is jointly owned by the husband and wife if the marriage of the two parties is valid. When the company registration does not clearly divide the property, although it appears to be the shares of two different shareholders on the surface, it is actually joint property, that is to say, the capital contribution is actually single, and usually the expression of the husband and wife is the same, so it is essentially a one-person company.

According to the relevant provisions on a one-person company, if the shareholders of a one-person company cannot prove that the assets of the company are independent of the shareholders' own property, they shall be jointly and severally liable for the debts of the company. That is, the property of the company belongs to the joint property of the husband and wife, and it cannot be proved that it is independent of the property of one of the parties, so the husband and wife should bear joint and several liability.

2. In the second case, the company is not a company jointly established by the husband and wife, and if the husband borrows debts and bears the debts of the company, then the creditor has the right to demand that the wife repay the debts and bear joint and several liability. This is because the debt is a joint debt, unless the wife can prove that the parties have expressly agreed that the debt is a personal debt of the husband.

When a husband and wife divorce, if the original debts are borne by the family life, they are joint debts of the husband and wife and should be repaid together. During the existence of the marital relationship, if one of the spouses incurs debts in the name of the individual, when the debtor claims rights, it shall be treated in accordance with the definition of joint debts of the husband and wife. However, if the other spouse can prove that the debtor and the creditor have expressly agreed that it is a personal debt, or can prove that it is a joint debt of the husband and wife as stipulated in the law, then the debt is not a joint debt of the husband and wife, and the other spouse is not jointly and severally liable.

During the marriage, if the husband and wife have agreed that the property acquired by each of them shall belong to each other, and the creditor is aware of this agreement, then the debts owed by one of the spouses to the outside world shall be known by the property owned by one of the spouses, and the other party shall not be jointly and severally liable for the debts.

The husband and wife company, as a one-person company that is actually pure sails, needs to bear joint and several liability when it cannot prove that the company's property is independent of the personal property.

1. What is the responsibility of the unit for the debts of a one-person limited liability company?

According to Article 3 of the Company Law, a one-person limited liability company is an enterprise legal person, with independent legal person property and legal person property rights. A one-person limited liability company is liable for the company's debts with all of its property.

The shareholders of a one-person limited liability company are liable to the company to the extent of their subscribed capital contributions.

Article 63 stipulates that if a shareholder of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, he shall be jointly and severally liable for the company's debts.

Article 62 stipulates that a one-person limited liability company shall prepare a financial accounting report at the end of each fiscal year and be audited by an accounting firm.

2. Can creditors sue shareholders directly?

In certain circumstances, creditors can sue shareholders directly. When the shareholders are jointly and severally liable for the company's debts, the creditor can directly file a lawsuit against the shareholder as the defendant.

According to the 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 harm the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, they shall also be jointly and severally liable for the company's debts.

3. What is the legal responsibility of a person **** shareholder?

A one-person limited liability company refers to a limited liability company with only one natural person shareholder or one legal person shareholder. From a legal point of view, a person **** is a kind of limited liability company, its essence is the same as that of a general limited liability company, that is, the shareholder is only liable to the company to the extent of its subscribed capital contribution, and the company is independently liable for the company's debts with all its property, and when the company's property is insufficient to pay off its debts, the shareholders do not bear joint and several liability. However, in the event of a debt dispute, the shareholders of a one-person company cannot prove that the company's property is independent of the shareholder's personal property, and must be jointly and severally liable for the company's debts.

Article 63 of the Company Law of the People's Republic of China provides that if a shareholder of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, he shall be jointly and severally liable for the company's debts.

Legal analysis: As a de facto one-person company, the husband and wife company needs to bear joint and several liability if it cannot prove that the company's property and personal property interfere with the property independently.

Legal basis: Article 63 of the Company Law of the People's Republic of China If the shareholder of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, he shall be jointly and severally liable for the company's debts.

It depends on whether the debts of the company are joint debts of the husband and wife. During the existence of the relationship between husband and wife, if one party engages in self-employment or contracted business, the sale of the stove shall be the joint property of the husband and wife, and the debts shall also be paid off with the joint property of the husband and wife. Except where one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it is a property system agreed upon by the husband and wife.

[Legal basis].According to Article 1060 of the Civil Code, which came into effect on January 1, 2021, the debts incurred by the husband and wife in the joint expression of their intentions such as the joint hand-to-hand argument and signature or the subsequent recognition of one of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.