Current location - Loan Platform Complete Network - Bank loan - The original shareholder did not actually pay the capital contribution to transfer the equity. Now the legal person borrows money from the company and cannot repay it. Is the original legal person sti
The original shareholder did not actually pay the capital contribution to transfer the equity. Now the legal person borrows money from the company and cannot repay it. Is the original legal person sti
The original shareholder did not actually pay the capital contribution to transfer the equity. Now the legal person borrows money from the company and cannot repay it. Is the original legal person still responsible? At the time of equity transfer, the shareholder's capital contribution period is not full and there is no capital contribution obligation, and the corresponding capital contribution obligation shall be borne by the transferee; The original shareholders' obligation to this part of the capital contribution does not belong to the situation that shareholders fail to perform or fail to fully perform their capital contribution obligations as stipulated in Interpretation III of the Company Law.

The 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 for the debts of the company with the amount of capital contribution they have subscribed. Therefore, regardless of the subscription system or the paid-in system, the company's property includes the registered capital of the company;

Under the subscription system, although the shareholders of a company enjoy the benefits of the capital contribution period, when the assets of the company are insufficient to pay off the debts, the shareholders who subscribe for the capital contribution shall fulfill their capital contribution obligations to the company, and the capital contribution obligations will not be eliminated due to the transfer of the equity, otherwise the shareholders will transfer the equity to the assignee with poor solvency and evade their capital contribution obligations, thus damaging the interests of the company's creditors and transaction security.