First, how does a completely natural person company prove the independence of property?
In a one-person limited liability company, proving the independence of the company's property is the inversion of the burden of proof, and shareholders prove that their property is independent of the company's property. The most important thing for shareholders is to prove that individuals do not withdraw money from the company account at will for family expenses. If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts.
Second, the identification criteria of corporate personality disorder
There are usually three criteria to judge a company's personality disorder, namely personnel disorder, business disorder and hotchpot. For affiliated companies that do not have shareholding relationship, it is necessary to identify personality confusion, require affiliated companies to bear joint and several liabilities, and need evidence to prove their factors (personnel, business, finance, etc. The high degree of confusion in representing personality between companies leads to the inseparability of their respective properties and the loss of independent personality, which constitutes personality confusion. Moreover, this confusion makes it difficult for creditors to identify the subject of debt, which makes affiliated companies evade huge debts and ultimately harms the interests of creditors.
Third, how to prove the confusion of corporate personality?
The independent personality of the company and the limited liability of shareholders are the most fundamental characteristics of the corporate personality system. However, when the company's shareholders violate the principle of good faith and abuse the company's independent personality and limited liability, in order to protect the interests of the company's creditors and social interests, they should deny the company and its shareholders' independent personality and limited liability according to the specific facts in the specific legal relationship and order the company's shareholders to bear joint and several liabilities for the company's debts. This is the system of denying the personality of legal person.
Proof and authentication of 1.hotchpot.
Hotchpot refers to the inability to clearly distinguish between company property and shareholder property. Mainly manifested in the company's business premises, main office and production equipment and property confusion in three aspects. Because the company's business premises are fixed, it is easier to identify the company's premises, office production equipment and shareholders' business premises. However, it is often very difficult to prove whether the company's property is chaotic, because it is usually difficult for third parties to obtain the company's property information. First of all, many companies only try to avoid debt when they are in trouble. Therefore, in the process of trading with a third party, there may be a lot of bills, documents and other materials that can be used to identify the company's cards. If the financial official seals of the company and shareholders are often confused in the use process, or there are contradictions with the contracting parties habitually, then we can draw the conclusion that the company has a pot of rice by comparing and analyzing these contradictory bills, documents and other materials. Secondly, the third party can investigate and collect the property information held by other state organs such as industrial and commercial taxation through the court, and the court can also ask the company suspected of confusion to provide relevant property information according to the needs of the case. Third, the third party can also collect online documents, judicial investigation records and other evidence materials that may prove the company's personality confusion.
2. Proof and certification of the company's organizational confusion
Organizational confusion refers to the confusion of company personnel. Mainly manifested in the mutual appointment of directors between companies, the unified deployment and appointment of general managers and senior managers; The company is completely consistent with the shareholders or the directors and managers of two different entities, and even the employees are completely consistent, which is what we usually call "one team, two brands". There are usually ways to prove the confusion of company personnel by inquiring about the company registration information applied to the administrative department for industry and commerce, from the employment situation inside the affiliated company, the information released by the company, and the contact with foreign economic and social exchanges. Apply to the court to inquire about the filing of labor contracts in the labor security department, and apply to the bank to investigate the wages of enterprise employees.
3. Proof and certification of company business confusion
Business confusion means that the company's business is often carried out in the name of individual shareholders, so that the other party can't tell whether the counterparty is the company or the shareholder. There are internal and external manifestations, and the evidence that the third party can usually provide is mainly the external appearance of the company's chaotic operation. In practice, it is mainly manifested in written purchase and sale contracts, special VAT invoices, bills of lading and other transaction evidence. The internal performance of the company's business chaos is usually unknown to the third party, but whether the company's business is chaotic can also be proved by combining the company's system chaos and the company's financial chaos. In a one-person limited liability company, proving the independence of the company's property is the inversion of the burden of proof, and shareholders prove that their property is independent of the company's property.