How to deal with shareholders running away?

In the process of investment, the most worrying problem is that the invested shares are swept away, so how to remedy their rights is very important. The so-called shareholders invest in the company, and the company uses the obtained investment to conduct business activities to obtain benefits, and shareholders share dividends to obtain property benefits. Next, I will answer your question about "how to deal with shareholders' running away"

First, how to deal with shareholders running away?

The concept of shareholder is an individual or unit that is responsible for the company's debts in proportion to its capital contribution and enjoys dividends and bonuses through holding shares. Therefore, shareholders not only enjoy certain rights, but also undertake certain obligations.

The main rights of shareholders are: to attend the shareholders' meeting and have the right to vote on major issues of the company; The voting rights of directors and supervisors of the company; Distribute the company's profits and enjoy the right to share dividends; Issuing stock creditor's rights; The right to request the transfer of shares; The right to claim bearer shares instead of registered shares; The right to dispose of the remaining property when the company fails to operate, declares closure and goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders.

When a shareholder runs away, if his company is the main body that should bear the debt, he can ask his company to bear the corresponding responsibility without the need for shareholders to come forward. If the shareholder is the guarantor of the company's debt, or the shareholder fails to fulfill the due obligations to the company, the company can determine the due obligations of the shareholder through litigation and seek judicial channels to demand enforcement. Where a shareholder evades his debts, he may make recourse with his personal property.

Legal basis:

Article 152 of the Company Law of People's Republic of China (PRC) If a director or senior manager violates laws, administrative regulations or the articles of association and damages the interests of shareholders, the shareholders may bring a lawsuit to the people's court.

Article 20 Shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse the independent status of a company as a legal person and the limited liability of shareholders to harm the interests of creditors of the company. 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.

Amendment to the Criminal Law (VI) Where a company or enterprise conceals property, fictitiously makes debts or transfers or disposes of property in other ways and goes bankrupt falsely, thus seriously damaging the interests of creditors or others, the person in charge who is directly responsible for it and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.

Second, the relationship between shareholders and the company.

Shareholder property is separated from company property. After shareholders invest in the company, the property constitutes the company's property, and shareholders no longer directly control and dominate this part of the property. At the same time, the company's property has nothing to do with other properties of the company that shareholders have not invested in. Even if the company is insolvent, shareholders will only be responsible for their investment in the company and will not bear other responsibilities.

Shareholders all bear limited liability to the company. No matter in a limited liability company or a joint stock limited company, shareholders bear limited liability to the company, and the scope of "limited liability" is limited to the capital contribution of the shareholder company.