The joint and several liability stipulated here means that not only the shareholder who delivered the capital contribution should bear the responsibility of making up the difference, but other shareholders at the time of the establishment of the company are also responsible persons, and they bear supplementary responsibilities to the company for the difference in capital contribution, regardless of their share, and other shareholders have no right to defend. However, if shareholders assume more responsibilities than their share, they have the right to recover from other shareholders. In fact, joint and several liability is external.
It is necessary to distinguish the liability for defects when the company is established and the liability for defects before and after the company is established.
Whether it is a limited liability company or a limited joint stock company, although the company law 3 1 and 94 have made provisions respectively, the jurisprudence is the same.