Immigrant domestic legal person

If we want to identify the legal representative of the company as fraudulent, we need to prove his fraudulent intention, such as false trading, fabricating and distorting trading facts.

Although the legal representative of the company has emigrated, the main body of the company still exists, but the legal representative has not been replaced according to law, the consequences arising from his actions on behalf of the company are still borne by the company. If the legal representative is also a shareholder, his behavior can be regarded as abusing the independent status of the company as a legal person, thus requiring the legal representative, that is, the shareholder, to bear joint liability for the company's failure to pay off its debts. At the same time, although the person is not in China, it does not affect the prosecution and the execution of his property in China.

Article 20 of the Company Law: Shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law.

Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.