Case overview: Breaking down the“smoke screen”
Background: The debtor, Changzhou Wofeng Electronic Technology Co., Ltd., defaulted on payments for goods and refused to perform. The original shareholders, Liu Shuqi and Wang Hongjun, established the company in the form of "capital subscription but not actual payment", and latertransferred the equity to Li Xinzhu for RMB0
Difficulty: The shareholder raises the defense of “the capital contribution deadline has not yet arrived”, and it is difficult to provide evidence of the commingling of property in a one-person company.
Result: The court fully supported our claim and ruled that the three shareholders were responsible for supplementary repayments and joint liabilities of 490,000 and 510,000 respectively, thus recovering millions of losses for the company !
The key to Jielu's breakthrough: precise legal sniping and direct enforcement pain points
Penetrating the “legal cloak” of equity transfer
Legal basis: Article 19 of the Supreme People's Court's Provisions on Changing and Adding Parties
Tactical highlights: If the original shareholder transfers the equity without paying the actual capital, even if the subscription period has not expired, his malicious debt evasion behavior still constitutes "failure to perform capital contribution obligations in accordance with the law" and he must be held responsible within the scope of the unpaid capital.
Enlightenment for enterprises: Equity transfer does not equal responsibility transfer! Shareholders' " 0 yuan transfer" or "subscription but not actual payment" operations are fraught with risks. Before cooperation, be sure to check the actual payment records of the transaction parties.
Locking in the "unlimited liability" of a single-person company shareholder
Legal basis: Article 20 of the Supreme People's Court's Provisions on Changing and Adding Parties
Tactical highlights: As a current shareholder, Li Xinzhu failed to prove that his personal property was independent of the company, which directly triggered joint liability and completely blocked the way out for the "shell company".
Enterprise enlightenment: The shareholder of a one-person company must keep complete financial books and strictly separate public and private affairs to avoid "one person's business and the whole family's debt".
A must-read for enterprises: Three execution strategies to make it impossible for "deadbeats" to hide
Proactive Defense
Before cooperating, verify the actual paid-in capital of shareholders through the industrial and commercial system, and be wary of shell companies with "sky-high subscribed capital but zero paid-in capital".
Sniper attack
If the debtor transfers assets, immediately apply to add shareholders who have not paid up their capital, parties who have withdrawn their capital or shareholders whose assets are mixed up as debtors to expand the debt repayment entities.
Post-compliance
A one-person company needs to establish an independent financial system, conduct regular audits, retain vouchers, and avoid the risk of joint liability.
Why choose JieLaw? ——Professional execution team, making the judgment "give money"
Data endorsement: In the past 10 years, the company has represented more than 4,000 enforcement cases and recovered a total amount of over 500 million yuan in arrears.
Technology empowerment: Use big data to track the flow of shareholders' assets, and combine multi-dimensional means such as default lists and height limit orders to improve execution efficiency.
Customer reviews:
"Jielu lawyers carefully sorted out the chain of evidence and promoted the legal procedures. They finally helped us recover the payment that had been overdue for 5 years!" - Head of a manufacturing company
Take action now! Call us to consult with Jielu's execution experts
The "routines" for evading debts are changing with each passing day, and only a professional legal team can break through! Guangdong Jielu Law Firm focuses on corporate debt collection and shareholder liability pursuit, and uses the "law + execution" dual engine drive to help you turn the winning judgment into real money.
Execution hotline: 0755-32945888