Legal analysis
If the major shareholder misappropriates the company's public funds, it shall report to the public security organ in time, and the major shareholder of the enterprise constitutes the crime of misappropriating public funds. In the face of unauthorized misappropriation of public funds, you can report directly to the public security. Reporting a case refers to the act of organs, organizations, enterprises, institutions and citizens, including victims, reporting criminal facts or criminal suspects to judicial organs. Those who misappropriate funds for personal use or lend them to others, and the amount is relatively large and has not been paid back for more than three months, or engage in profit-making activities or illegal activities for less than three months, are suspected of misappropriating funds and are sentenced to fixed-term imprisonment of not more than three years or criminal detention. 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. The crime of misappropriating funds refers to the behavior of employees of companies, enterprises or other units who take advantage of their positions to misappropriate the funds of their own units for personal use or lend them to others, and the amount is large and has not been paid back for more than three months, or the amount is large although it has not exceeded three months, and they engage in profit-making activities or illegal activities. Subjectively, this crime can only be intentional, that is, the actor knowingly misappropriates or lends the funds of his own unit and takes advantage of his position, but still deliberately does it.
legal ground
Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and fails to pay them back for more than three months, or engages in profit-making activities or illegal activities for less than three months, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.