legal analysis
the personal debt of the major shareholder cannot seal up the company's property, because it belongs to personal debt and has nothing to do with the company. The total transfer of debt, usually also called exemption of debt commitment, is an agreement between the holder of debt or the traveler of debt and a third party. After the transfer of the debt, the debt will be replaced by a third party to exercise its obligations. All the debts need to be transferred by agreement. After the transfer, all the debts will be transferred to the third party. After the transfer, the third party will bear all the debts in the original agreement and the obligations of the original debtor. The original debtor will completely disappear from the contractual relationship and be exempted from the obligations of the debt. After the shareholders contribute their property to the company and go through the formalities of capital contribution (such as contributing registered capital or increasing registered capital), these contributions belong to the company, including cash contributions, physical contributions (real estate, equipment, raw materials, finished products and semi-finished products, etc.) and technical contributions (patents, technologies and trademarks). The relevant property ownership belongs to the company and becomes the company's assets. From then on, these assets have nothing to do with shareholders. Shareholder's corresponding right after capital contribution is equity, he holds equity in the company, and he plays a role in the company's business decision-making through the voting rights represented by his shareholding, especially in some small and medium-sized enterprises, the major shareholder holding shares is often the actual operator or actual controller of the company, and the shareholder voting system and shareholders' meeting of these companies are not perfect, so the will of shareholders often directly reflects the company's behavior, which will make people who don't know much about the company law mistakenly think that shareholders are the company and shareholders' assets.
Legal Basis
Article 7 Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases The basic facts of a private lending dispute must be based on the trial result of a criminal case, and if the criminal case has not been concluded, the people's court shall make a ruling to suspend the proceedings.