Huizhou Qibao Paint Co., Ltd. (hereinafter referred to as "Qibao Company") and Shenzhen Daxing Furniture Co., Ltd. (hereinafter referred to as "Daxing Company") went to court due to a sales contract dispute. Although Daxing Company had won the case and obtained confirmation of its creditor's rights in the early stage, it has never fulfilled its debts. Upon investigation, it was found that the company's shareholders Jiang Xunping (holding 90% of the shares) and Wei Kaihui (holding 10% of the shares) had long been negligent in fulfilling their liquidation obligations, resulting in the bankruptcy administrator being unable to take over the company's financial books and important documents, and the company's bankruptcy liquidation was forced to terminate, seriously damaging the rights and interests of creditors. Qibao Company then entrusted the professional team of Guangdong Jielu Law Firm to file a joint liability lawsuit against the two shareholders in accordance with the "Company Law" and judicial interpretations, and successfully recovered the debt.
Difficulty of the case
Shareholders evaded responsibility: Defendants Jiang Xunping and Wei Kaihui have been out of contact for a long time and refused to cooperate with the liquidation process. The case must be heard through an announcement, and the procedure is complicated.
Building a chain of evidence: It is necessary to combine multiple court judgments, execution orders and bankruptcy liquidation documents to prove the direct connection between shareholder behavior and creditor losses.
Accurate application of legal provisions: With regard to Article 20 of the Company Law and Article 18 of the Judicial Interpretation of the Company Law (II), it is necessary to accurately demonstrate the illegality and scope of liability of shareholders’ “failure to liquidate”.
Lawyer team strategy
The three-dimensional evidence chain is built to integrate the "Civil Judgment", "Execution Order", "Bankruptcy Liquidation Notice" and the company's industrial and commercial archives to lock in the fact that the shareholder did not hand over the company's account books and hindered the liquidation;
Relying on the certificate of untaken property issued by the bankruptcy administrator, the malicious intent of shareholders to evade liquidation obligations is strengthened.
The legal logic is rigorous and the argument clearly applies Article 18 of the Judicial Interpretation of the Company Law (II). Shareholders who fail to fulfill their liquidation obligations and cause liquidation to fail shall bear joint and several liability;
Refute the defendant's potential defenses of "not participating in management" and "transferred equity", and reveal the statutory responsibilities of shareholders as actual controllers.
In order to deal with the defendant's absence from court, the efficient trial team will conduct sufficient pre-trial preparations to systematically present the core facts and legal basis of the case to the court to ensure the judgment is in the right direction.
Successful results
Shenzhen Pingshan District People's Court ruled:
Joint and several debt repayment: Defendants Jiang Xunping and Wei Kaihui must bear joint and several liability for the unpaid payment of 249,500 yuan and interest by Daxing Company;
Shifting of litigation costs: The defendants jointly bear the case handling fee of RMB 6,500, which greatly reduces the plaintiff's litigation burden.
Case enlightenment
Warning about shareholder responsibilities: If shareholders fail to fulfill their liquidation obligations, they will still be jointly and severally liable for the company's debts, even if they are not directly involved in the operation;
Breaking the execution deadlock: tracing shareholders’ liability by “piercing the corporate veil” and providing a new path for corporate creditors to recover losses;
Legal professional empowerment: In complex cases, the lawyer team's accurate grasp of procedural compliance and legal terms is the core guarantee for victory.
Customer feedback
"After Daxing Company went bankrupt, we almost gave up hope of recovering the payment. Thanks to the lawyer team of Guangdong Jielu Law Firm! They showed great professionalism from evidence collection to court debate, and finally helped us successfully lock in the shareholders' liability and recover the losses!"
——Huizhou Qibao Paint Co., Ltd.
Service Areas
Guangdong Jielu Law Firm focuses on corporate debt disputes, and is particularly good at the following areas:
�� Responsibility of shareholders: withdrawal of capital contribution, failure to liquidate, and abuse of independent legal person status;
�� Bankruptcy creditor protection: intervention in bankruptcy liquidation procedures and exercise of voting rights at creditors’ meetings;
�� Breakthroughs in enforcement cases: investigation of the assets of the person subject to enforcement and addition of shareholders/actual controllers as the person subject to enforcement.
Enquire Now
If your company is facing difficulties in debt collection, or encounters shareholders infringing on the interests of creditors, please contact Guangdong Jielu Law Firm!
Hotline: 0755-32945888
The law does not protect those who sleep on their rights, and it will not tolerate those who evade their responsibilities! Guangdong Jielu Law Firm is willing to help companies defend their rights and interests and solve debt problems with professionalism and responsibility!