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现《公司法》中的第六十三条中明确指出:一人有限责任公司股东无法证明公司财产独立于股东自身财产的,需对公司债务承受连带责任。但未规定原一人有限责任公司股权转让后变更为两人以上有限责任公司后原股东是否也要承担责任,但近期司法实践中,法院一般判决一人公司股权转让后不能免除原股东责任。如此判决,地方法院自行扩大化解释了《公司法》第六十三条适用的主体范围,加重了原股东的举证责任,有违民法的公平基本原则,会引起原股东和现股东、现公司之间的讼累。
Now Article 63 of the Company Law clearly states: If a shareholder of a limited liability company can not prove that the company’s assets are independent of the shareholder’s own property, it shall be jointly and severally liable for the debts of the company. However, it is not stipulated that the original shareholders should bear the responsibility even after the former one limited liability company was changed to more than two limited liability companies after the equity transfer. However, in the recent judicial practice, the court generally can not relieve the former shareholders of the company after the transfer of their shareholdings. According to this judgment, the local courts expanded their own interpretation of the scope of the main body to which Article 63 of the Company Law applied, aggravating the burden of proof on the former shareholders and violating the basic principles of fairness in civil law, which would cause the former shareholders and current shareholders Between the lawsuit tired.