Shareholders guarantee to bear joint and several liability. 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. Shareholders guarantee that the company is not illegal or illegal, but it is not recognized and meaningless. This is just a necessary insurance measure. Banks and other institutions do not recognize such guarantees. Generally, a completely unrelated third party is needed to become a real guarantee.
Second, analyze the details
Shareholders' limited liability is a type of company. Its essence is that shareholders are liable to the company within the limit of capital contribution, and the principle is to follow the principle of complete separation between the company and shareholders. If the company is a limited liability company, the company as a legal person shall be liable for debt repayment, and individual shareholders need not be liable for debt repayment. But if the company is a partnership, individual shareholders also need to bear the debt. In practice, some shareholders will guarantee the company's loans, and in this case, they also need to bear the responsibility. If the enterprise is a partnership, then the shareholders need to bear the repayment responsibility.
3. Under what circumstances do shareholders need to take responsibility?
Under the following circumstances, shareholders shall not be liable for the debts of the company to the extent of capital contribution:
1, the investment is not in place;
2. False capital contribution or withdrawing capital contribution;
3. The liquidation of the company fails to fulfill the obligation of notification and announcement according to law;
4. Shareholders are lazy in performing their obligations, which makes liquidation impossible;
5. Malicious disposition of the company's property after dissolution;
6. Providing false liquidation reports to defraud the company of cancellation;
7. One-man company and shareholder hotchpot
8. Excessive control and abuse of corporate personality by shareholders.