With a registered capital of 10 million yuan, a joint stock limited company, which accounts for 1% of the shares of shareholders, has paid 100000 yuan in full. If the shareholder is responsible for the bankruptcy and loss of 20 million yuan later, will he still take out the money?
[Lawyer's reply] In this case, the shareholder usually does not need to take extra money to bear the responsibility. According to the Company Law of the People's Republic of China, the shareholders of a joint stock limited company shall be liable to the company to the extent of the shares they have subscribed for. As a shareholder with 1% of the shares and 100000 paid in, you have completed your contribution obligations according to the shares you subscribed for. When the company goes bankrupt and loses 20 million yuan, the company needs to be responsible for its debts with all its assets. As long as the shareholders do not make false capital contributions, withdraw capital contributions, abuse the independent status of the company's legal person and damage the interests of the company's creditors with the limited liability of shareholders, the shareholders shall only be liable to the extent of the amount of capital contributions corresponding to the shares they subscribe. You have paid 100000 yuan and fulfilled your responsibility for capital contribution, so you don't have to bear additional responsibility for the company's debt exceeding the amount of capital contribution. However, shareholders may be subject to additional liability if: 1. Accelerated expiration of capital contribution: Under specific circumstances such as bankruptcy and liquidation of the company, shareholders may be required to perform their capital contribution obligations in advance even if the deadline for capital contribution is not reached. But you have completed the actual payment, which is usually not involved. 2. Abuse of rights by shareholders: If shareholders abuse the independent status of the company as a legal person and the limited liability of shareholders, evade debts, and seriously damage the interests of the company's creditors, they shall bear joint liability for the company's debts. For example, shareholders confuse company property with personal property, or transfer company assets through related transactions and other means. 3. Guarantee liability: If the shareholder provides personal guarantee for the company's debts, then when the company is unable to repay the debts, the shareholder needs to assume the guarantee liability according to the guarantee contract.
