股东抽逃出资的民事责任-经济法学专业论文.docxVIP

1 1 2 2 Abstract The case that, in the limited liability company of Yuxi Department Store one shareholder Ke Weifeng illicitly withdraws capitals, is a typical case in the Chinese Corporation Law. This article, based on cases, makes an analysis on the relevant issues with civil liability of shareholders illicitly withdrawing capitals. The article is divided into four sections. The first section introduces the civil liability of shareholders illicitly withdrawing capitals towards the company. The behavior of shareholders illicitly withdrawing capitals seriously invades the company’s interests. Therefore, the company has the right to require the shareholder fully pays his capital contributions. Meanwhile, the shareholder should pay the interest at the Banks rate for the same term when illicitly withdrawing capitals. Besides, the shareholder should bear civil liability towards the company’s loss, which is caused by illicitly withdrawing capitals. The second section introduces the civil liability, which the shareholder illicitly withdrawing capitals should take towards the other shareholders who have fully paid their capital contributions. In this part, the author provides the law ground and makes an analysis on the responsibility of breach of contract which the shareholder should take towards the other shareholders who have fully paid their capital contributions. The other shareholders can enquire civil liability of the shareholder illicitly withdrawing capitals by restricting his equity ownership in the company, and also the company’s Shareholder Representatives can sue the shareholder in court to enquire his civil liability. The third section introduces the civil liability, which the shareholder illicitly withdrawing capitals should take towards company creditors. The behavior of the shareholder illicitly withdrawing capitals undermines the integrity of the corporate property, and in serious condition creditors’ rights can not be achieved. Therefore, the creditors c