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What are the risks of corporate legal person and shareholders respectively?
 
The risk of shareholders is to assume liability for the difference. If the withdrawal of the company's assets by shareholders leads to the company's insufficient performance capacity, the shareholders shall bear joint and several liabilities for the company's debts within the scope of the withdrawal of the company's assets. What the legal person of a limited company assumes at its own risk is to assume civil liability for the company's debts with all its own property, and sometimes criminal liability.
 
Risk borne by shareholders
 
1, the company registered capital is not in place, the lack of investment, fictitious investment), falsely registered capital, actually realized if the registered capital of the about the company registered capital of company law did not meet the minimum standards, make the company's legal personality not legal to produce (personality of corporate juridical person) by the shareholder shall bear joint liability;If the registered capital actually in place meets the minimum requirements of the company law on registered capital, the shareholders shall be liable for the difference.
 
2. If the shareholder withdraws the company's assets, resulting in the company's insufficient performance ability, the shareholder shall assume joint and several liabilities for the company's debts within the scope of the withdrawal of the company's assets.
 
3. If there is only one substantial shareholder of the company, and the other shareholders are only nominal shareholders or virtual shareholders, the substantial shareholders of the company shall assume unlimited liability for the debts of the company, and the nominal shareholders shall assume liability for compensation for the debts of the company.
 
4. A sole proprietorship enterprise called a limited liability company is a natural person. The owner shall assume unlimited liability for the debts of the company. Where the shareholder of a limited liability company is a single person due to the transfer of equity, and neither new shareholders nor the registration of the change in the nature of the enterprise is carried out within 6 months, the shareholder shall assume unlimited liability for the debts of the company.
 
5. The controlling shareholders shall be jointly and severally liable for the debts of the company due to the following circumstances that make it difficult to distinguish between the company and its shareholders or between the company and other companies;
(1) there is no distinction between the interests of the company and the profits of shareholders, resulting in serious confusion of financial accounts of both parties;
(2) the funds of the company and shareholders are mixed and the same account is continuously used;
(3) the business between the company and shareholders continues to be confused, and the specific transaction behavior, transaction mode and transaction price are controlled or manipulated by the same controlling shareholder.
Controlling shareholders refer to the shareholders who actually participate in the management of the company and can exert influence on the main decision-making activities of the company.The controlling shareholder may be the shareholder holding the majority share, but not limited to the shareholder holding the majority share
 
6. If shareholders' assets are mixed with the company's assets and shareholders' business is mixed with the company's business (associated transactions), the personality of the company will be absorbed by shareholders and will no longer be independent. Shareholders shall assume unlimited joint and several liability for the company's debts.
 
 
Risks borne by the legal person of the company
 
A company as a legal person refers to an enterprise organization established in accordance with the company law, which has independent property and can enjoy civil rights and assume civil obligations in its own name and bear civil liabilities for the company's debts with all its own property.It's literally this company.
"Legal person" means an organization that has the capacity for civil rights and capacity for civil conduct and independently enjoys civil rights and assumes civil obligations according to law.It is quite clear here that a legal person is an organization, not a person.
Co., LTD., a legal person and the risk of shareholders and their rights supplement each other, so if you want a certain responsibility, it is their rights to enjoy the consequences, so in the company's business, the distribution of the division of rights and interests, is has the law stipulates that the division of the same risk as well.