Research On The Problem Of Shareholder's Liability In Company Liquidation

Liquidation is a necessary procedure to eliminate the company,its significance and value lies in: first,the establishment of the liquidation order.The company as the main market,involving a variety of legal relationships,when the company is dissolved,if there is no liquidation constraints,the main parties are often in a state of confusion,is not conducive to the elimination of the relationship between rights and obligations.The liquidation process,you can establish a good liquidation order,which successfully concluded the company's legal relationship,to ensure that the company's normal exit,maintaining economic order.Second,protect the interests of creditors and other stakeholders.The purpose of establishing liquidation order is to evaluate and punish the property rights of the company,balance the interests of all parties,and guarantee the legal rights and interests of the creditors of the company can be paid off and avoid the unfair settlement.Third,according to the law to implement the company's independent property system.The company is an independent enterprise legal person,with its own property is responsible for the creditors.As long as the company liquidation,even if the company can not pay off all the debt,the company's investors are no longer liable,that the company's capital contribution to the completion of the liquidation process and enjoy limited liability asylum.In this paper,based on the provisions of the current company law comprehensively analyzed in the process of liquidation,the shareholders as the liquidation obligor need to bear the responsibility,namely capital full responsibility and liability for damages.Time span from the company set up the company after the cancellation of registration.The author thinks that the responsibility covers the shareholders in violation of the upfront capital contribution obligation and late in the process of liquidation liquidation obligation shall bear the liability of the sum of the required.This case is in fact the plaintiff as a company creditors for liquidation obligation subject of so-called investment caused false or liquidating obligations not the responsibility of the proceeding.