I. Corporate Liability of the Company
A company as a legal person is a legal entity of a company and has an independent legal status. As the legal representative of the company, the legal person shall bear the following responsibilities:
1. Implement the company's decisions: Legal persons must implement the decisions of the company's decision-making bodies and be responsible for the consequences of the decisions.
2. Abide by laws and regulations: legal persons must abide by national laws and regulations to ensure that the company's business activities are legal and compliant.
3. Safeguarding the company's interests: legal persons need to actively safeguard the company's interests and ensure the normal operation and development of the company.
As a legal person plays a key role in the company's operation, its decision-making and behavior have an important impact on the company's operating results and reputation. Therefore, once the company has problems, legal persons often need to bear greater responsibilities.
Second, the responsibility of shareholders.
Shareholders, as investors of the company, enjoy the company's equity and dividend rights. However, the responsibilities of shareholders are relatively limited, mainly in the following aspects:
1. Responsibility for capital contribution: Shareholders need to make capital contribution to the company according to the agreement to ensure that the registered capital of the company is sufficient.
2. Not participating in daily operations: Shareholders usually do not directly participate in the daily operations of the company, but indirectly influence the company's decision-making by electing the board of directors.
3. Limited liability: In a limited liability company, the liability of shareholders is limited to their capital contribution, that is, shareholders do not need to bear unlimited liability for the debts of the company.
Although in some cases, shareholders may be jointly and severally liable for the debts of the company (for example, the company is illegal or bankrupt, etc.). ), the liability of shareholders is less than that of legal persons.
Third, the balance between corporate responsibility and shareholder responsibility.
In practice, corporate responsibility and shareholder responsibility need to maintain a certain balance. On the one hand, it is necessary to ensure that legal persons have sufficient power and responsibility to manage the company and ensure its normal operation; On the other hand, we should also protect the rights and interests of shareholders and prevent them from taking excessive risks.
To sum up:
The respective responsibilities of the company legal person and shareholders in the operation of the company are not absolute, but depend on the specific circumstances. Generally speaking, the corporate responsibility in the company's operation is relatively large, so it is necessary to actively implement the company's decisions, abide by laws and regulations, and safeguard the company's interests; The responsibility of shareholders is relatively small, mainly reflected in the responsibility of capital contribution and limited liability. But in some cases, shareholders may need to take on more responsibilities. Therefore, in practice, the responsibilities of the company and shareholders should be reasonably distributed according to the actual situation of the company and the requirements of laws and regulations to ensure the steady development of the company.
Legal basis:
Company Law of the People's Republic of China
Article 3 provides that:
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Company Law of the People's Republic of China
Article 20 provides that:
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.