The highest law issues the legal interpretation regulation of company law withdrawing funds

BCC network Beijing February 16 News According to the Voice of China "News and newspaper Digest" reported that the Supreme People's Court issued the "Company Law" judicial Interpretation (iii), the beginning of the formal implementation today, the formation and maintenance of corporate capital, equity investors in the balance of interests, the interests of corporate creditors protection, In the process of the establishment of the company, the obligations of the debt are further regulated. In particular, it is clear that the obligation of capital contribution and the determination of capital withdrawal, the way of litigation relief and civil liability.　　Related situation connect CCTV reporter Sun Ying.　　Moderator: Judicial Interpretation of corporate Law (iii) Why should special regulations to flight funds? Reporter: The supreme judge just justifies of the two chambers concerned in charge of the analysis, the withdrawal of capital is a serious erosion of the company's assets, "Company law" expressly prohibits the shareholder from withdrawing capital. In practice, some shareholders take various ways to recover property from the company, these behaviors often have complexity, fuzziness and concealment, but because the "company law" does not clearly define the form of the withdrawal of capital investment, there is no clear definition of the civil liability to withdraw funds, the local courts on the shareholder flight to the understanding of the　　Does not form a uniform standard of identification.　　Moderator: What is the judicial interpretation of the behavior identified as a flight capital? Reporter: Shareholders will transfer funds into the company's account and then turn out, through the fictitious debt and debt relationship to transfer their contributions, the production of false financial statements falsely increase profits distribution, the use of linked transactions to transfer funds, these acts are often deliberately, directly against the corporate capital, But the difficulty of proving the evidence is difficult to identify in the case. The Judicial Interpretation (iii) expressly negates these acts, that is, directly identified as withdrawing funds, and the perpetrator bears the corresponding responsibility.　　Because the legal consequences caused by the withdrawal of capital investment are basically the same as those caused by the obligation of capital contribution, the judicial interpretation has done the basic same civil liability provisions.　　Moderator: What are the responsibilities to be taken by withdrawing funds or failing to make contributions? Reporter: Full implementation of capital contribution obligations, return capital contribution, compensation interest loss. In addition, the judicial interpretation in many cases also stipulates that the creditor can make a request, the shareholders do not make the contribution of the shareholder in the scope of the unpaid principal and interest of the company's debt can not be liquidated part of the liability, can also require the company's sponsors and the shareholders jointly and severally responsible for the joint and