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Is the shareholder qualified when the actual contribution of the shareholder does not reach the amount of contribution in the Articles of Association

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Is the shareholder qualified when the actual contribution of the shareholder does not reach the amount of contribution in the Articles of Association


        

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  • 2024-05-28 13:00:26

    As a shareholder of the Company, he has a strict obligation to make capital contributions to the Company, and shall pay his subscribed capital contributions as stipulated in the Articles of Association on schedule and in full.

    Although the shareholder is the person who has the obligation to make capital contributions, it is not necessarily the person who has actually made capital contributions. If the shareholder has not fully performed the obligation to make capital contributions, it should be identified as "capital contribution defect".

    If the articles of association, industrial and commercial registration materials, capital verification reports and other documents specify the shareholders, the shareholders still enjoy the shareholder qualification before being removed, and can participate in the management of the company and enjoy shareholder rights such as dividends.

    [Legal Basis]

    Article 199 of the Company Law stipulates that the promoters and shareholders of a company make false capital contributions and fail to deliver or fail to deliver on time the monetary or non monetary properties used as capital contributions;

    The company registration authority shall order correction and impose a fine of not less than 5% but not more than 15% of the amount of false capital contribution.

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