Should investors bear the losses of the company?

1. Should investors bear the losses of the company?

1, investors need to bear the losses of the company. After fulfilling the obligation of capital contribution, shareholders, whether they participate in the operation or not, shall be liable for the debts of the company and the losses of the company to the extent of their capital contribution. If the company suffers losses, the shareholders' liability is generally limited to the amount of capital contribution, and they are not jointly and severally liable for the debts during the company's operation, except for false or evaded capital contribution.

2. Legal basis: Article 3 of People's Republic of China (PRC) Company Law.

A company is an enterprise legal person, with independent legal person property and legal person property rights, and 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.

Second, how to liquidate the shareholders' withdrawal from the company's losses?

1. Shareholders' withdrawal of shares shall obtain the consent of other shareholders. In this case, liquidation is not required, but the transfer gains and losses are treated as the company's net assets.

2. Shareholders decide not to continue to operate the enterprise. Then the enterprise will do liquidation.

When an enterprise conducts liquidation, it should ask an intermediary agency to issue a liquidation report. At present, most tax bureaus require tax accounting firms to issue liquidation reports. Bankruptcy accounting is applicable to liquidation.

Income from asset liquidation shall be paid by liquidation expenses first, then by employee salary insurance premium, and the rest shall be paid off. The rest will be distributed by shareholders in proportion. If the distribution is greater than the initial investment, it will also involve the calculation and payment of income tax.

Article 74 of the Company Law of People's Republic of China (PRC)

In any of the following circumstances, the shareholders who voted against the resolution of the shareholders' meeting may request the company to purchase its equity at a reasonable price:

(a) the company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits as stipulated in this Law;

(2) The merger, division or transfer of the company's main property;

(3) Upon the expiration of the business term stipulated in the Articles of Association or other reasons for dissolution stipulated in the Articles of Association, the shareholders' meeting will adopt a resolution to amend the Articles of Association to make the Company survive.

If the shareholders and the company fail to reach an equity purchase agreement within 60 days from the date of adoption of the resolution of the general meeting of shareholders, the shareholders may bring a lawsuit to the people's court within 90 days from the date of adoption of the resolution of the general meeting of shareholders.