Who will bear the responsibility for the relationship in the company law?

1. Who is responsible for the relationship in the company law? The liability of related relationship in company law shall be jointly and severally liable with the holding company. According to the regulations, the application of corporate personality denial is based on the fact that the corporate personality is controlled or manipulated by others, and it is no longer independent, which is used to harm the interests of creditors, thus denying the corporate personality and allowing creditors to directly pursue their responsibilities from shareholders or affiliated companies. The independence of corporate personality is based on the principle of strict separation of corporate property and shareholder property in company operation. Whether to separate property, interests, business and organization is the standard to judge whether there is an independent legal person. Therefore, in practice, we can judge whether there is confusion between company legal persons from the following aspects: Secondly, whether there is confusion between business and benefit distribution. If the company is not separated from the business of shareholders or affiliated companies, it can't judge the true ownership of the business from the business process, or the profits from its business are randomly divided, it should also be considered as the corporate personality disorder. In the above-mentioned cases handled by the author, the controlling shareholders of Company A and Company C are exactly the same. The financial reports of Company A in the past three years have all experienced negative growth, all the assets of the company have been transferred to Company C at a low price, and all the advantageous business customers have been transferred to Company C; The main business of Company C is the same as that of Company A, and it shows a continuous growth trend. Obviously, the shareholders of the two companies have adopted a business and benefit distribution plan, one company continues to be in debt and the other company continues to be profitable. There is confusion in the distribution of business and interests between the two companies. In the case that the personality of the affiliated company is confused and the affiliated company is required to bear joint and several liability, we can refer to the following ideas for responding to the lawsuit: Third, apply to the court to investigate the operating data of companies that may have related relationships, review their main businesses, and verify whether the main customers of the two companies are the same; Finally, if the above information cannot be verified, try to find the relevance of the two companies, such as whether the actual business address, office phone number, administrative personnel, etc. Whether it is the same, or even whether the contract template is the same. In the specific case of identifying two companies: (1) One party directly or indirectly holds more than 25% of the shares of the other party, or both parties directly or indirectly hold more than 25% of the shares of a third party. If one party indirectly holds shares in the other party through the intermediary, as long as one party holds more than 25% of the shares in the intermediary, the shareholding ratio of one party to the other party shall be calculated according to the shareholding ratio of the intermediary to the other party. (3) More than half of one party's senior managers (including board members and managers) or at least one senior board member who can control the board of directors is appointed by the other party, or more than half of both parties' senior managers (including board members and managers) or at least one senior board member who can control the board of directors is appointed by a third party. (5) The production and operation activities of one party can only be carried out normally if the other party provides industrial property rights, know-how and other concessions. (7) The acceptance or provision of labor services by one party is mainly controlled by the other party. To sum up, the company law clearly distinguishes the legal relationship and economic relationship between various companies, because if the boundaries are not marked in advance, it is difficult for creditors to determine the object of their investigation in the process of debt infringement disputes, and the relevant companies should bear joint and several liability at this time.