Whether the company maliciously transfers its property or evades its debts, it can directly demand repayment from shareholders, including directly taking shareholders as defendants and bringing a claim lawsuit to the court. Article 20 of the Company Law stipulates that shareholders of a company shall not abuse the independent status of a company as a legal person and the limited liability of shareholders to harm the interests of creditors of the company. 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. This means that if the company's personality is abused, shareholders can be required to bear corresponding responsibilities for the company's debts or actions. Its constitutive requirements are: first, it has the behavior of abusing the corporate personality. That is, by taking advantage of the stipulation that shareholders only bear limited liability with capital contribution and the company only bears independent liability with all assets, they maliciously evade the company's contractual obligations or other debts, and evade the company's legal responsibilities, so as to realize the purpose that profits belong to shareholders and losses belong to the company, and make the company a tool for shareholders to evade debts and risks; Second, there is a causal relationship between the abuse of corporate personality and the damage to creditors' interests or social public interests.
Legal objectivity:
Article 538 of the Civil Code of People's Republic of China (PRC) If the debtor disposes of the property rights and interests without compensation by giving up the creditor's rights, giving up the guarantee of the creditor's rights, transferring the property free of charge or maliciously extending the performance period of the due creditor's rights, which affects the realization of the creditor's rights, the creditor may request the people's court to cancel the debtor's behavior. Article 539 of the Civil Code of People's Republic of China (PRC): If the debtor transfers property at an obviously unreasonable low price, accepts other people's property at an obviously unreasonable high price or provides guarantee for other people's debts, which affects the realization of creditor's rights, and the debtor's counterpart knows or should know the situation, the creditor may request the people's court to cancel the debtor's behavior.