1. What is the responsibility of a limited company?
Generally speaking, the debts of the company are borne by the company with all its own property, and shareholders do not need to bear the debts of the company with their own property, which has nothing to do with shareholders. However, under special circumstances, the company's debts will be borne by shareholders.
1. Shareholder's contribution is untrue. If a shareholder fails to actually contribute capital or fully fulfill the capital contribution obligations stipulated in the articles of association, it is necessary to pay off the unpaid part to the creditor, and the capital contribution obligations are not limited by the statute of limitations.
2. Shareholders withdraw funds. Some shareholders will withdraw the original capital contribution as share capital after the company is registered and established, which will objectively reduce the company's capital and violate the principle that the company's capital remains unchanged.
In the lawsuit, the company is required to bear the corresponding debt responsibility, but the company is unable to perform it. The shareholders of the company shall bear the responsibility within the scope of withdrawing capital contribution, and the capital contribution obligation is not limited by the statute of limitations.
3. Abuse of the independent status of legal person. The company has an independent personality and can bear the responsibility independently. Some shareholders abuse this system to seek improper benefits for themselves, and transfer debts and corresponding legal responsibilities to the company to exempt themselves from their responsibilities.
At this time, we should deny this kind of behavior of legal person, think that the legal person status is not independent at this time, and require shareholders to bear joint and several liability for debts with their personal property to protect the interests of creditors.
2. Are shareholders responsible for the company's arrears of wages?
Shareholders of the company who are in arrears with wages are not liable. The company is a legal person organization with independent property rights. After the shareholders of the company fulfill their capital contribution responsibilities, they will not bear the debts of the company. According to the Company Law of People's Republic of China (PRC), a 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 are liable to the company to the extent of their subscribed capital contribution, and shareholders of a joint stock limited company are liable to the company to the extent of their subscribed shares.
3. What responsibilities should bankrupt shareholders bear?
Under normal circumstances, 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, because shareholders bear limited liability to the company.
However, in the case of false capital contribution by shareholders, withdrawal of capital contribution by shareholders or failure to liquidate according to law, shareholders also need to be responsible for the debts brought about by the bankruptcy of the company.
To sum up:
The debts of the company shall be borne by the company itself. According to relevant laws and regulations, the company has independent property rights. In principle, shareholders do not have to bear the debts of the company. According to the relevant laws and regulations, if a shareholder withdraws his capital contribution, he shall bear the responsibility within the scope of the withdrawal amount.
Legal basis:
Company Law of the People's Republic of China
Article 15
Companies can invest in other enterprises; However, unless otherwise provided by law, investors shall not be jointly and severally liable for the debts of the invested enterprises.
Company Law of the People's Republic of China
Article 20
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.