1. Can shareholders seal up the company's property if they owe money?
Shareholders who owe money cannot seal up the company's property. According to the company law, a company is an independent legal person, and its property is independent of anyone, and it enjoys rights or assumes responsibilities for its independence.
The company property belongs to the company and cannot be used to pay off personal debts, so the company property cannot be sealed up. However, the shares of the company enjoyed by shareholders can be evaluated and auctioned as their property, and the debts of shareholders can be paid off with the proceeds.
Article 3 of the Company Law stipulates that a 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.
Second, what is the difference between the company's direct assets and the shares held by shareholders?
After the shareholders have contributed their property to the company and gone through the capital contribution procedures (such as contributing registered capital or increasing registered capital), these contributions belong to the company, including cash contributions and physical contributions (real estate, equipment, raw materials, finished products, semi-finished products, etc.). ) and technical contributions (patents, technologies and trademarks). The ownership of relevant property belongs to the company and becomes the company's assets. Since then, these assets have nothing to do with shareholders. Shareholders' corresponding rights after capital contribution are equity, holding company equity. The voting right represented by holding shares plays a role in the company's business decision-making, 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 voting system and shareholders' general meeting of these companies are not perfect, so the will of shareholders often directly reflects the company's behavior, which often leads people who don't know much about the company law to mistakenly think that shareholders = companies, shareholders' assets =.
According to the law, the debt of shareholders is not equal to the debt of the company, so the company has no obligation to bear the debt for shareholders. If the debt belongs to individual shareholders, it should be borne by individual shareholders with their assets, otherwise it will infringe on the property rights of the company as a legal person, not only the property of the company as a legal person, but also the property rights of other shareholders. Of course, equity is also a kind of property right. If an individual has no property and only equity can be used by the court to pay off debts, then his equity can be enforced. If other shareholders of the company agree to transfer their shares abroad, they can sell their shares. If other shareholders of the company do not agree to the external transfer, they must purchase the equity. The price paid to the indebted shareholders belongs to the shareholders' personal assets and can be enforced. If other shareholders of the company neither agree to purchase the equity nor agree to transfer it to the outside world, it shall be deemed that they agree to transfer it to the outside world. However, the implementation of equity is more complicated than the implementation of assets such as cash, especially for some small private enterprises. Due to the human nature of the company, "outsiders" who don't understand the company's operating conditions generally don't buy equity, which leads to the embarrassing situation that their equity cannot be transferred to the outside world.
In our daily life, most people probably don't particularly understand whether the company needs to be responsible for the debts owed by shareholders. In fact, the shareholders of the company and the property of the company are separated, so if the shareholders of the company owe money, it is the personal debt of the shareholders of the company, so it can't be the property of his branch.