1. Is the shareholder debt company liable as a legal person?
No need to bear. It is borne by the company's personal property, and the company has an independent personality. As a natural person, the legal representative does not need to bear the debts of the company. The company shall bear civil obligations alone, and the legal representative of the company shall not be liable for the debts of the enterprise. However, due to the intentional or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear the tort liability, and if the case constitutes a crime, the criminal responsibility of the legal representative shall be investigated according to 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 to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
If the shareholders have fulfilled their subscribed capital contribution obligations and have no direct personal responsibility for the debts arising from the company's operation and management, as the company is in the form of limited liability, the shareholders shall bear limited liability to the extent of their capital contribution, and the debts other than their capital contribution are irrelevant to the shareholders.
Second, how to identify shareholders' liabilities and withdraw their capital contribution?
1. Shareholders increase transaction costs, acquire company property in disguise or forge false basic transaction relationships through related transactions between other civil subjects controlled by them and the company.
2. After capital verification, withdraw some or all non-monetary parts of the registered capital, such as buildings, workshops, machinery and equipment, industrial property rights, proprietary technology and site use rights.
3. In violation of Article 166 of the Company Law, failing to withdraw the statutory provident fund and statutory public welfare fund or making false financial and accounting statements to inflate profits, withdrawing capital contribution in the name of distributing profits in a short period of time.
4. Withdraw the monetary contribution, and make up the account with other non-monetary parts that have not been audited and evaluated, and the actual value is obviously lower than its declared value, so as to achieve the purpose of withdrawing the capital contribution.
5. The company repurchases shareholders' equity but fails to go through the formalities of capital reduction.
6. Withdraw capital contribution in disguised form by providing mortgage guarantee to shareholders.
The company as a legal person is not liable for the debts incurred by shareholders. After the capital verification of non-monetary registered capital is completed, all shareholders withdraw their capital contribution, which constitutes withdrawal of capital contribution. By controlling other civil subjects to trade with the company, increasing the transaction cost and obtaining company funds in disguise is an act of withdrawing capital contribution, which violates the law and should bear legal responsibility.