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Who is the debt bearing subject generated in the process of company establishment

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Who is the debt bearing subject generated in the process of company establishment


        

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  • 2024-06-06 04:00:00

    The debt generated during the establishment of a company depends on whether it is successfully established. Creditors have slightly different principles for assuming the debt of enterprises that have not been successfully established during and after the establishment.

    First of all, the people's court should support the sponsor who signs a contract in his own name for the establishment of the company and the counterpart of the contract requests the sponsor to bear the contractual responsibility.

    If the company confirms the contract after its establishment, or has actually enjoyed contractual rights or performed contractual obligations, and the counterpart of the contract requests the company to assume contractual liabilities, the people's court shall support it.

    Secondly, the promoters sign contracts in the name of the company under establishment. After the establishment of the company, if the counterpart of the contract requests the company to assume contractual responsibilities, the people's court should support it.

    After the establishment of the company, if there is evidence to prove that the promoters used the name of the company under establishment to sign contracts with the counterpart for their own interests, and the company claims not to bear contractual liability on this ground, the people's court shall support it, except that the counterpart is in good faith.

    last. If the company is not established for some reason and the creditors request all or part of the promoters to bear joint and several liability for the expenses and debts incurred in the establishment of the company, the people's court shall support it.

    [Legal Basis]

    Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III), where a promoter signs a contract in his own name for the establishment of a company, and the counterpart of the contract requests the promoter to assume contractual liability, the people's court shall support it.

    If the company confirms the contract specified in the preceding paragraph after its establishment, or has actually enjoyed contractual rights or performed contractual obligations, and the counterpart of the contract requests the company to assume contractual liabilities, the people's court shall support it.

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