When the company goes bankrupt, shareholders obviously need to bear the debt. As the management subject of the company, shareholders should be responsible for the operation and development of the company. Generally speaking, the company's policy formulation and major industrial adjustment are decided by the shareholders' meeting. When the company needs to file for bankruptcy because it can't continue to operate, it should be shared by the company's debts and the company's fixed assets.
Who is the defendant after the liquidation of the enterprise?
Article 192 of the Company Law stipulates that the liquidation group of a limited company shall be composed of shareholders, whose candidates shall be determined by the shareholders' meeting. It can be seen that the liquidation obligation of the company is borne by the shareholders, and the shareholders must organize the liquidation on their own except for the bankruptcy liquidation organized by the people's court. In the case that the company is forcibly cancelled and the legal person qualification does not exist, shareholders can still perform liquidation obligations as civil subjects in their own names.
In entity, after the cancellation of the company, its property should of course be distributed to the shareholders of the company. In fact, generally speaking, the company's property is indeed distributed or occupied by shareholders. Originally, through normal liquidation procedures, when the company's liabilities were greater than its assets, it was impossible for shareholders to obtain any remaining property. However, due to insufficient liquidation, shareholders have acquired the company's property, but they do not bear any debts of the company.
Therefore, it is completely reasonable to take shareholders as defendants and ask them to bear the responsibility of debt settlement. Even after the cancellation of the company, the shareholders have not actually obtained any property from the company, and they can be required to bear corresponding responsibilities, because it is precisely because of the shareholders' failure to perform liquidation obligations that the company's property is lost or occupied by others, and the shareholders have unshirkable fault liability. As for the scope of shareholders' property liability here, it depends on the actual assets when the company is cancelled and the evidence provided by shareholders when responding to the lawsuit. If the shareholders can prove the assets of the company at the time of cancellation, they should take the assets as the scope of shareholders' property liability.
To sum up, this is Bian Xiao's relevant answer to whether all shareholders should be in debt when the company goes bankrupt. I hope I can help you.
Legal basis:
Article 20 of the Company Law stipulates that shareholders of a company shall abide by laws, administrative regulations and 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.