1. According to the Company Law, the registered capital of a company cannot be withdrawn at will.
2. According to the Guarantee Law, the company cannot provide guarantee for its shareholders.
So there are two behaviors above. Company A has constituted an illegal act! If Zhang wants to buy a company, he should know the following information to prevent risks:
1. Go to the People's Bank with Company A to inquire about Company A's credit report and Company A's personal credit report, and go to the Industrial and Commercial Bureau to print Company A's latest annual inspection and shareholder information. ..
2. Before signing the acquisition agreement, publish a statement in the newspaper stating that all creditors and debtors will confirm their rights and debts within the specified time. Overdue declaration shall be deemed as waiver of the above rights, and a statement shall be published in the newspaper to set the record straight.
3. It is clearly stipulated in the acquisition agreement that if the seller of Company A or the legal person of Company A intentionally conceals the debts and other legal disputes of Company A before the acquisition, the purchaser will not bear any legal responsibilities, and at the same time, the purchaser will investigate its legal responsibilities and demand compensation for losses.
4. Sign a letter of guarantee with the original legal person or actual controller of Company A, in which it is required to promise that the data of various statements before the acquisition of Company A are true and reliable, and there are no false statements, and what responsibilities should be borne if there is any violation.