Sharing the operational path of adding company shareholders as the executed party in compulsory execution

On the afternoon of June 13, 2025, in the Denghu Classroom, Assistant Lawyer Zuo Jianfang gave a valuable legal practice sharing session with colleagues on the topic of 'Operational Path of Adding Company Shareholders as Executed Persons in Compulsory Enforcement', based on practical experience.

In addition, the left assistant detailed the five legal paths for adding shareholders as executed persons:

1. For shareholders who have not paid or fully paid their capital contributions, according to Article 17 of the 'Regulations on Changes and Additions' and Article 13 of the 'Interpretation of the Company Law (III)', the applicant for execution shall provide evidence of insufficient company assets to repay debts and defects in shareholder capital contributions.

2. For shareholders who have withdrawn their capital contributions, according to Article 18 of the 'Regulations on Changes and Additions', the applicant for execution must provide preliminary evidence of the transfer of funds.

3. When adding the original shareholders who transferred defective equity, according to Article 19 of the 'Regulations on Changes and Additions' and Article 88 of the 'Company Law', it is necessary to prove that the original shareholders did not fulfill their capital contribution obligations in accordance with the law and transferred their equity with the intention of evading debts. The execution of the addition can only hold the transferor responsible, and in specific circumstances, a separate lawsuit can hold the transferor and transferee jointly liable.

4. When adding a shareholder to a limited liability company, according to Article 20 of the 'Regulations on Changes and Additions', the burden of proof is reversed. Shareholders need to provide bank statements, annual audit reports, financial books, and other proof of financial independence, otherwise they will bear joint and several liability for the company's debts.

5. For shareholders who cancel the company without liquidation, according to Article 21 of the 'Regulations on Changes and Additions', it is necessary to prove that the cancellation of the company without legal liquidation resulted in the inability to liquidate, and the shareholders shall bear joint and several liability for repayment.

After listening to the interpretation of Lawyer Assistant Zuo Jianfang, every colleague felt that they had benefited greatly. Thank you very much for the sharing today from Lawyer Assistant Zuo Jianfang. We look forward to learning more useful knowledge through Denghu Classroom!