As we all know, according to Article 3 of the Company Law and Articles 36 and 43 of the General Principles of the Civil Law, the creditor's rights and debts of an ordinary limited liability company shall be borne by the legal person, and the shareholders of the company shall bear limited liability only to the extent of their capital contribution. Unless the creditor can prove that the shareholders' property is related to the company's property, the shareholders shall be jointly and severally liable for the debts of the company according to the provisions of Article 20 of the Company Law.
However, shareholders will be jointly and severally liable for the debts of the company.
For example, in the Supreme People's Court (20 18) case No.3219 in the Supreme People's Court, the Supreme People's Court thought: "According to Article 63 of the Company Law of People's Republic of China (PRC), the shareholders of a one-person limited liability company cannot prove that the company's property is independent of their own property, and should be jointly and severally liable for the company's debts. On the contrary, if shareholders can prove that the company's property is independent of their own property, they should not be jointly and severally liable for the company's debts. In this case, a company in Yichang is a one-man company, and a company in Hubei is a shareholder of a company in Yichang. The evidence submitted can prove that the property of a company in Yichang A is independent of its own property, that is, the corresponding burden of proof has been completed, and a company in Hubei B should not be jointly and severally liable for the debts of a company in Yichang A. "