According to the laws of our country, 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; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Risk of shareholders' failure to contribute.
First, the risks that the company may face
1. leads to the bankruptcy of the company.
If the company's registered capital is high and the paid-in capital is low, it is easy to generate high debts in its operation. When the debt exceeds the paid-in capital of the company, the company may go bankrupt because of insolvency.
2. The risk that shareholders fail to pay their capital contribution as agreed.
1. Take supplementary responsibilities for the company's debts.
If the shareholders fail to make capital contribution as agreed in the contract, the creditors of the company can realize their creditor's rights by suing the shareholders who have not fulfilled or not fully fulfilled their capital contribution obligations.
2. Bear civil liability for the company and other shareholders.
Shareholders who make overdue contributions may bear two kinds of civil liabilities:
1. Pay the capital contribution to the company in full, and compensate the company for the interest loss according to the benchmark interest rate of the People's Bank of China for the same period;
2. Be liable for breach of contract to shareholders who pay their capital contributions in full and on time.
3. Due to the dissolution, liquidation or bankruptcy of the company, the shareholders shall bear the responsibility of paying the outstanding capital contribution immediately.
legal ground
Article 3 of People's Republic of China (PRC) Company Law
The company is an enterprise legal person, with independent legal person property and legal person property rights. 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; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
essay
The company is an enterprise legal person, with independent legal person property and legal person property rights. 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; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.