Original title: The boss rewarded 18 million shares, which was reversed to pay out of pocket? "Nominee shareholders" have risks!

"The boss said very well at that time, but it's OK to be a shareholder in name, but now... hey!"

This is the sigh of Liu, the nominal shareholder. Nantong Intermediate People's Court's WeChat public account has issued several cases to remind that there are risks for nominal shareholders.

Look this Case stories 👇👇👇

The boss rewarded 18 million shares to become self financed?

The boss was very generous, and recruited talents to give dry shares. When Lao Gu joined the company, the company rewarded him with 18 million yuan of equity, and the time limit for contribution payment was 50 years later.

However, the Company entered into bankruptcy liquidation procedures, and shareholders' contributions expired ahead of schedule. Lao Gu believes that he does not need to make the actual contribution, and the company promises to use his bonus for several years as the contribution. However, the creditor judges the transaction risk based on the equity structure registered by the company, and the company's commitment has no effect on the creditor.

The bankruptcy administrator sued Lao Gu as a registered shareholder to make up his capital contribution.

In the first instance, Lao Gu was sentenced to contribute 18 million yuan. Lao Gu said that he could not let go of the result.

In another case, “ Pseudonym registration ” behind With An intricate network of relationships 。

The company was unable to pay off its debts after enforcement, and the creditor sued all shareholders to recover the capital contribution that was withdrawn. Ding, Tao, Qin and Zhang went to the court to "complain" that they were registered under a false name.

Back to the initial registration of the company, the actual operator Xu did not use his own name, but his relatives and friends Ding, Tao and Qin.

The paid in capital of 20 million yuan will be withdrawn the next day.

Afterwards, the equity was transferred to Mr. Sun, Mr. Zhang and Mr. Jiang successively, and all the equity was merged to Mr. Xu and then transferred to Mr. Chen.

"Shouting grievances" are they really registered under false names without knowing it?

Ding is actually the wife of Xu, the actual operator; Tao handled the company registration, and Xu gave him 2 million yuan of dry shares;

Xu Moucheng donated 2 million yuan of dry shares to Xu Mouquan, who provided his wife Qin's identity information for registration;

Zhang was doing a favor for his friend, and received 4 million yuan of dry shares for 0 yuan.

In such commercial activities as running a company, the principle of appearance is the basic legal principle, and nominal shareholders also bear the legal responsibility of shareholders. The court of first instance ruled that each shareholder should bear supplementary compensation liability for the company's debts within the scope of capital contribution withdrawal, and the second instance upheld the original judgment.

The court reminds:

Be cautious when investing, especially when lending to others!

Previously, Red Star News reported a case: Men become "Laolai" after they become shareholders of "affiliated" companies.

Mr. Zhan, a citizen of Chengdu, said that he "inexplicably" became a shareholder of a company and received partial compensation from the company. But he did not expect that because the company was sued for debt, he was burdened with a huge debt of more than 300000 yuan, and was restricted to high consumption, becoming a "laolai".

Mr. Zhan said that before becoming a shareholder of the company, he had helped another friend Feng to act as the legal representative of his company.

In 2020, Feng told him that a company wanted to find someone to be a shareholder of the company. It didn't need to make a real contribution but only use a name. After it was done, it would pay 15000 yuan.

"At that time, I was very excited, so I sent my identity information to the other party through Feng," Mr. Zhan said

Lawyer's statement

“ Affiliation ” Risk

If there is any objection to the registration of shareholders, you can apply for cancellation of the registration, and you still have to bear the responsibility before it takes effect

Guo Gang, a lawyer from Sichuan Fangce Law Firm, believes that:

Becoming a paid shareholder or legal person with knowledge, but no actual investment, the risks faced mainly include two aspects:

👉 First, the agreement is invalid because it is illegal, and the income obtained will be confiscated by the judicial authorities;

👉 Second, it will also face the civil liability of the company is limited and included in the breach of trust;

👉 If you become a shareholder or legal person without knowing it, you can either report a criminal case and request the public security organ to intervene in the investigation, or take the company's industrial and commercial files for handwriting identification and evidence collection, and then file a civil lawsuit to safeguard your legitimate rights and interests.

(Comprehensive: Nantong Intermediate People's Court WeChat official account, Red Star News)