Research On Shareholder Liability In Company Bankruptcy And Liquidation

In practice,the bankruptcy liquidation cases often involve the issue of shareholders' liability.In view of the shareholder responsibility,the company bankruptcy liquidation can not “Break one hundred.”.Under certain circumstances,even if the company goes into liquidation and can not pay off all the debts,the shareholders should also bear the corresponding responsibility.Especially in the case of defective capital contribution and disregard of corporate personality,the related parties can pursue the liability of the shareholders in bankruptcy liquidation.The forms of liability include supplementary liability,joint and several liability,etc..In the case of defective capital contribution,the shareholder should bear the supplementary responsibility,that is,the shareholder should bear the repayment responsibility within the scope of the liability that the company can not pay off,and within the scope of the capital contribution that must be paid in.In the case of disregard of corporate personality,the shareholders should bear joint and several liability,that is,the company can not pay off the debts to assume full liability.The ways to solve the liability of shareholders in bankruptcy liquidation are as follows: the administrator brings a lawsuit in the bankruptcy procedure,the creditor brings a lawsuit alone after the bankruptcy procedure,the shareholders and the creditors make a settlement,the administrator cancels the subscription of the shareholders,etc..Finally,in the legislative level and practical level,put forward some suggestions.