Can the creditor ask the shareholders of the enterprise to pay their debts?
First, can the creditors require the shareholders of the enterprise to repay their debts? whether the shareholders should be responsible for the debts is mainly determined according to the nature of the company. 1. The liability of a limited liability company A limited liability company is an enterprise legal person and has its own independent property. Its property includes the capital contribution of shareholders and the accumulated property operated by the company, and the company shall bear civil liability independently with all its property. The shareholders of a limited liability company shall bear limited liability within the limit of the amount of capital contributed. The capital contribution of the shareholders has been transformed into the property of the company when the company is initiated and established, and the shareholders get equity as a result. Accordingly, Wang should not bring a lawsuit against Hua and Zhang as co-defendants.
2. Unlimited liability company unlimited liability company is a company form which consists of more than two shareholders and shareholders are jointly and severally liable for the company's debts. Shareholders must use capital contribution property and property other than capital contribution property as a guarantee to pay off the company's debts. when all the property of the company is insufficient to pay off the company's debts, the creditor shall have the right to demand that the shareholders of the company pay off their outstanding part with their personal property, and the liability among the shareholders is joint and several, and the shareholders who repay the company debts more than the amount they should bear shall have the right to recover them from other shareholders of the company. These shareholders become new creditors.
II. How to collect debts after the cancellation of registration of an enterprise generally speaking, after the cancellation of registration of an enterprise, the legal person status is terminated. The enterprise cannot be used as the defendant. However, whether the creditor's rights can be protected by law is mainly analyzed according to the specific situation:
1. Where an enterprise undergoes liquidation at the time of cancellation of registration: when the enterprise is cancelled, the subject of liquidation or a third party shall be responsible for the creditor's rights and debts left over after the cancellation of registration of the enterprise, the subject of liquidation or the third party that the creditor may make the undertaking shall be the defendant and require it to bear the liability for repayment.
2. The registration of an enterprise shall be cancelled without liquidation: if a third party undertakes to repay the debt in the cancellation registration of the industrial and commercial administration department, the creditor may either sue the subject of liquidation or the promised debt payer and require it to bear the liability of repayment; they may also require both parties to bear joint liability for repayment for the co-defendant. On the other hand, if the enterprise whose registration is cancelled is a creditor, if it has rights and obligations, it may directly change it into the subject of litigation on its application; if there is no right and obligation acceptor or the right and obligation bearers indicate that they will not participate in the litigation, the litigation shall be terminated. 1. The liability of a limited liability company A limited liability company is an enterprise legal person and has its own independent property. Its property includes the capital contribution of shareholders and the accumulated property operated by the company, and the company shall bear civil liability independently with all its property. The shareholders of a limited liability company shall bear limited liability within the limit of the amount of capital contributed. The capital contribution of the shareholders has been transformed into the property of the company when the company is initiated and established, and the shareholders get equity as a result. Accordingly, Wang should not bring a lawsuit against Hua and Zhang as co-defendants.
2. Unlimited liability company unlimited liability company is a company form which consists of more than two shareholders and shareholders are jointly and severally liable for the company's debts. Shareholders must use capital contribution property and property other than capital contribution property as a guarantee to pay off the company's debts. when all the property of the company is insufficient to pay off the company's debts, the creditor shall have the right to demand that the shareholders of the company pay off their outstanding part with their personal property, and the liability among the shareholders is joint and several, and the shareholders who repay the company debts more than the amount they should bear shall have the right to recover them from other shareholders of the company. These shareholders become new creditors.
II. How to collect debts after the cancellation of registration of an enterprise generally speaking, after the cancellation of registration of an enterprise, the legal person status is terminated. The enterprise cannot be used as the defendant. However, whether the creditor's rights can be protected by law is mainly analyzed according to the specific situation:
1. Where an enterprise undergoes liquidation at the time of cancellation of registration: when the enterprise is cancelled, the subject of liquidation or a third party shall be responsible for the creditor's rights and debts left over after the cancellation of registration of the enterprise, the subject of liquidation or the third party that the creditor may make the undertaking shall be the defendant and require it to bear the liability for repayment.
2. The registration of an enterprise shall be cancelled without liquidation: if a third party undertakes to repay the debt in the cancellation registration of the industrial and commercial administration department, the creditor may either sue the subject of liquidation or the promised debt payer and require it to bear the liability of repayment; they may also require both parties to bear joint liability for repayment for the co-defendant. On the other hand, if the enterprise whose registration is cancelled is a creditor, if it has rights and obligations, it may directly change it into the subject of litigation on its application; if there is no right and obligation acceptor or the right and obligation bearers indicate that they will not participate in the litigation, the litigation shall be terminated.
