news

The incident happened in Xiamen

A company suddenly deserted

When recovering your hard-earned money

I discovered that my current boss is actually...

What is going on?

There are quite a few companies that have "exploded" nowadays. Whether it is franchising a store or prepaid consumption, many people have encountered the dilemma of company bankruptcy, bosses running away, and not being able to get their money back.

However, if you want to sue the company at this time, it has already become a shell company and has no property to execute; if you want to find the boss to solve the problem, the legal representative has quietly changed without you knowing; if you want to ask the shareholders to take responsibility, their shares have been transferred to "professional debtors" or elderly men and women.

Facing the situation where shareholders maliciously evade debts

How can I get back my hard-earned money?

recently

Siming Court released such a case

It’s about rights protection

Recovering more than 400,000 yuan

The company's original business location is now deserted

The current legal representative and shareholder is actually...

Applicants for execution: Ahua and five others

According to the effective judgment

Apply to Siming Court for execution

Request W Company to pay the sales amount and refund the franchise fee

The deposit totaled more than 400,000 yuan

The court investigated and prosecuted

It was found that W Company (pseudonym)

No property available for execution

The company's original business location is now empty!!

The executing judge was unable to contact the person in charge of the company

I had to ask further

Identity information of legal representatives and shareholders

You won’t know until you check. Once you check, you’ll be shocked:

The legal representative is Grandma Fu, who was born in 1935!

Shareholding ratio: 90%

The remaining shares are in the name of Lao Shi, who is also old.

Ah Hua expressed his grievances to the executing judge:

"The owners of this company were originally a young couple who owned a car and a house and were quite capable. Later, they were involved in lawsuits one after another. They immediately transferred their shares, closed the company, lost contact with them, and no one knows how to collect the money they owe. We don't even know the company's current legal representative and shareholders!"

The executing judge discovered the "secret"

Add former and current shareholders as persons subject to enforcement

The executing judge immediately retrieved

Relevant business registration information

Combined with the applicant’s statement

Suddenly I understood

↓↓↓

The company's former shareholders Xiao Shi and Xiao Xu both transferred their shares at a price of 0 yuan, which is very likely that they deliberately transferred their shares to elderly people to evade debt. However, according to legal provisions, without legal procedures, it is currently impossible to directly take compulsory enforcement measures against shareholders, let alone former shareholders.

Because there was no property available for execution under the name of the company, the execution procedures of the cases applied for by Ahua and other five people were terminated, but the efforts of the execution judge did not stop!

Under the guidance of the executing judge

Ahua and other applicants for execution filed a lawsuit

Request to add the company's former shareholders Xiao Shi and Xiao Xu

The current shareholders Lao Fu and Lao Shi are the persons subject to execution in this case.

In the unfunded range

Bear joint and several liability for the company's debts

The former shareholder has multiple properties and cars under his name...

More than 400,000 yuan of debt was paid off within a week

Five enforcement cases were completed as a package

The court held that

W Company has no property available for execution and has bankruptcy reasons, but the current shareholders Lao Fu and Lao Shi have not yet fulfilled their obligation to pay their capital contributions. They cannot refuse to bear their responsibilities on the grounds that the capital contribution period has not expired;

As the original shareholders of the company, Xiao Shi and Xiao Xu failed to fulfill their capital contribution obligations in accordance with the law. After a debt dispute with Ahua and others, they transferred their equity at a price of RMB 0. There was obvious malicious intent to transfer the equity in order to evade their capital contribution obligations, and their behavior violated the principle of honesty and trustworthiness.

Court Decision

Added existing shareholders Lao Fu and Lao Shi

Former shareholders Xiao Shi and Xiao Xu

The person subject to execution in a company execution case

To the extent that they have not contributed

Assume joint and several liability for the debts of W Company

With the above judgment

The previously terminated cases will be resumed immediately

The executing judge immediately

All four new and old shareholders are listed as persons subject to execution

Investigate and control personal property in accordance with the law

Just as expected!

Former shareholders Xiao Shi and Xiao Xu

Have multiple properties and cars

Nearly 100,000 yuan in deposits

Still holding stocks of considerable value

After taking measures of sealing and freezing the properties under the names of the two people in accordance with the law, Xiaoshi and Xiaoxu, who had already left Fujian, quickly entrusted a lawyer to come to the court to handle the repayment issues in this case. They reached a settlement agreement with Ahua and other applicants for execution, and quickly paid off the more than 400,000 yuan in arrears within a week. The five execution cases were completed as a package, achieving the effect of "final clearance".

Thumbs up for the executive judge

Hard-earned money finally returned

What should we do when shareholders maliciously evade debts?

Judge's advice

Teach you how to get your hard-earned money back

Hurry up and move your small stool to listen to the class

Judge's statement:

How to prevent the original shareholders from escaping?

The judge said that under the system of full subscription of registered capital, there are a large number of disputes caused by shareholders' promises to subscribe for huge amounts of capital and excessively long payment periods. The newly revised "Company Law of the People's Republic of China" has added a maximum period for shareholders of limited liability companies to subscribe for capital, requiring that "the amount of capital subscribed by all shareholders shall be paid in full by shareholders within five years from the date of establishment of the company in accordance with the provisions of the company's articles of association", and stipulates that if the company cannot repay its due debts, the company or creditors of matured claims have the right to require shareholders who have subscribed for capital but have not yet reached the payment deadline to pay their capital in advance, normalize the accelerated maturity of shareholders' capital contributions, and better protect the realization of creditors' claims.

Although the law does not prohibit the transfer of equity before the capital contribution period expires, the original shareholder can withdraw from the company after transferring the equity, and the new shareholder will enter the company and continue to bear the corresponding capital contribution obligations. However, while enjoying the benefits of the capital contribution period, shareholders should also bear corresponding obligations to ensure that the company does not become a tool for shareholders to transfer operating risks. Therefore, shareholders should be good-faith and cautious when transferring their equity and must not endanger the legitimate rights and interests of the company's creditors. If the original shareholder has subjective malice to evade debts and "escapes" by transferring equity, in order to avoid damage to the interests of the company and the interests of the company's creditors, the original shareholder can still be added as a debtor and be responsible for the company's debts within the scope of his failure to perform the capital contribution obligations.

Source: Strait Herald