No matter be limited company or joint-stock company, be in most when beginning to create a company, initiator needs real pay or the share with identify capture fair. In the future if partner invests, also be to want to undertake according to actual number contributive. But the circumstance with false and contributive partner often appears in practice. Is that partner false and contributive what is consequence?
The netizen seeks advice:
Is partner false and contributive what is consequence?
Zhao Dong's lawyer solves:
" company method " the 28th: The respective place that partner ought to provide in rules of company of pay of full specified amount on schedule knows the contributive specified number of capture. Partner with the money contributive, ought to the money contributive the account; that full specified amount stocks finite liability company to be opened in the bank is produced with be not monetary money contributive, ought to deal with the move formalities of its money property right lawfully.
Partner not according to before the paragraph stipulates pay is contributive, divide ought to to the company outside pay of full specified amount, still ought to to already on schedule the partner with contributive pay of full specified amount undertakes responsibility of breach of contract.
" company method " the 30th: After finite liability company holds water, discovery serves as the real value specified number that creates the company's contributive blame money worth to fix a price under company rules place significantly of the forehead, ought to by consign this contributive partner is complemental the other shareholder when company of its balance; is established assumes joint liability.
Zhao Dong's lawyer is compensatory:
1, basis " civil code general rule " the 49th, the division person that legal entity conceals true condition, practise fraud to the mechanism that register, tax authority assumes responsibility outside, can give disciplinary sanction, fine to the legal representative, make crime, investigate criminal duty lawfully.
2, basis " company method " the 206th, disobey company laws and regulations to decide, the make a false report when conduction company is registered is registered it is capital, important to refer false proof file to perhaps adopt other and fraudulent means to conceal the fact obtains a company to register, instruct correct, register the company of capital to make a false report, place register capital amount with make a false report 10% the following amerce; is opposite 5% above the company that refers false proof file to perhaps adopt other and fraudulent means to hide important fact, place with 10 thousand yuan of above 100 thousand yuan of the following amerce; clues are serious, cancel company is registered. Make crime, investigate criminal duty lawfully.
3, basis " criminal law " the 158th, application company is registered use false proof file to perhaps adopt make a false report of other and fraudulent means to register capital, beguiling company registers director branch, obtain a company to register, make a false report registers capital number tremendous, consequence perhaps has other and serious plot badly, be in 3 years of the following set term of imprisonments or arrest battle, be in make a false report of only perhaps place to register capital amount 1% above 5% the following fine. Of blame of the money before the unit makes, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, be in 3 years of the following set term of imprisonments or arrest battle.
Epilogue of Zhao Dong's lawyer: False and contributive it is not real pay behaves company contributive shareholder contributively, false and contributive partner, need undertakes responsibility of breach of contract to company interior, complemental and contributive forehead. Need assumes external responsibility to company creditor, assume responsibility of compensatory pay off to the debt of the company.
