Legal basis: Article 13 (3) of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC). If a shareholder fails to perform or fails to fully perform his capital contribution obligations, and the company or other shareholders request him to fully perform his capital contribution obligations to the company according to law, the people's court shall support it.
If the creditors of the company request the shareholders who have not fulfilled their capital contribution obligations or have not fully fulfilled their capital contribution obligations to assume supplementary liability for the outstanding part of the company's debts within the scope of outstanding principal and interest, the people's court shall support it; Shareholders who fail to perform or fully perform their capital contribution obligations bear the above responsibilities, and if other creditors make the same request, the people's court will not support it.
The people's court shall support the plaintiff who, when the company was established, the shareholders failed to perform or did not fully perform their capital contribution obligations and filed a lawsuit in accordance with the provisions of the first paragraph or the second paragraph of this article, requesting the promoters of the company and the defendant shareholders to bear joint liability; After the promoters of the company bear the responsibility, they may claim compensation from the defendant shareholders.
The people's court shall support the plaintiff in the process of capital increase of the company, and the shareholders fail to fulfill or not fully fulfill their capital contribution obligations, and bring a lawsuit in accordance with the provisions of the first paragraph or the second paragraph of this article, and demand the directors and senior managers who fail to fulfill their obligations as stipulated in the first paragraph of Article 147 of the Company Law to bear corresponding responsibilities. After the directors and senior managers assume the responsibilities, they may claim compensation from the defendant shareholders.