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本文将发起人违反设立阶段的出资义务的责任从两方面进行考察,在公司设立过程中发现的违反出资义务的责任和公司成立后发现的违反出资义务的责任。前者强调因为发现时间的不同,发起人违反出资义务的责任追究主体也不同。后者强调违反出资义务以外的其他发起人对公司的责任问题。
This article examines the responsibility of initiators in breach of the contribution obligation of the establishment phase from two aspects: the responsibility of violating the contribution obligation found during the establishment of the company and the responsibility of violating the contribution obligation discovered after the establishment of the company. The former emphasizes that because of the different time of discovery, the subject of the sponsor’s responsibility of violating the contribution obligation is also different. The latter emphasizes the issue of liability of other promoters other than contribution obligations to the company.