1. According to the provisions of the Company Law and relevant legal principles, the company's debts must be borne by the company, and shareholders do not bear the company's debts;
2. Shareholders shall bear limited liability to the company. The so-called limited liability means that when the company is established, shareholders must pay their capital contribution in full according to the equity ratio agreed in the articles of association to obtain equity. After the company's shareholders have paid their capital contributions in full, their obligations have actually been completed.
Risk-taking of shareholders:
1. If the paid-in registered capital fails to meet the minimum requirements of the Company Law for registered capital, the shareholders shall bear the responsibility for the difference;
2. If the shareholders withdraw the assets of the company, resulting in the company's insufficient performance ability, they shall be jointly and severally liable for the debts of the company within the scope of withdrawing the assets of the company;
3. The substantive shareholders of the company shall bear unlimited liability for the company's debts, and the nominal shareholders shall be liable for compensation for the company's debts;
4. If the assets of shareholders are mixed with the assets of the company, and the business of shareholders is mixed with the business of the company, the personality of the company will be absorbed by shareholders and will no longer be independent, and shareholders will bear unlimited joint and several liability for the debts of the company.
To sum up, the debts of the company are borne by the company with all its property, and have nothing to do with shareholders.
Legal basis:
Article 20 of the Company Law of People's Republic of China (PRC)
Shareholders of the company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.
Article 28
Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law.
Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.