Shareholders who have not contributed enough to establish what will be dealt

Question:

My company has 03 founding shareholders, at the time of registration established equity ratio is divided by the ratio of 40:30:30 for shareholders, but to date have not fully contributed 01 shareholder capital under commitment. So the case has not contributed enough shareholders will be specified how. We wish to answer the lawyer fears. Sincerely.

answer:

As stipulated in Article 84 of the Enterprise Law 2005: "The founding shareholders have jointly subscribed by at least 20% of the total number of ordinary shares to be offered and must be fully paid shares subscribed within ninety days from the date of issuance of the business registration certificate. "

In case of non-founding shareholders of fully paid shares subscribed, the number of shares that have not fully contributed by the founding shareholders are handled by one of the following ways:

a) The founding shareholders remaining fully contributed such shares in proportion to their ownership of shares in the company;

b) One or more of the founding shareholders sufficient number of shares;

c) Another person who is not a founding shareholder sufficient number of shares; that person shall automatically become a founding shareholder of the company. In this case, a founding shareholder equity has not subscribed cease to be a shareholder of the company.

When the registration of the shares contributed by the founding shareholders are not contributing enough, the founding shareholders jointly liable for the debts and other property obligations of the company within the value of the shares not contribute enough there.

In case of non-founding shareholders subscribed shares may be offered for sale, the remaining number of shares to be offered and sold within three years from the date of the certificate of registration business.

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