Strong answer, please read the question patiently, hope to help you! This situation is similar to what I experienced when I just graduated. For those who came here, fortunately I didn’t fall into the boss’s pit with greed? When I just graduated, I entered a semi-family business. One-third of the company was the boss’s relatives. The larger officials in the company were the boss’s nephews. I just graduated and joined the company and I must work hard. At that time, the boss always looked at me and thought I was good. When I went to see customers, they would take me with me, saying that he would teach me this and that and then train me to be a vice president. Then one day the boss said that he wanted to be promoted, and the company gave me a car (meaning I borrowed money from the company to buy a car, the car was under the company’s name but it was used by me, and I would transfer the ownership to me after I paid it off) He said that he would allocate a car to me, give me 40% of the shares, and be a corporate legal person. I just graduated for half a year and didn’t understand anything. I thought the sky was falling out of pie. I always thought it was the boss’s kindness, and the boss appreciates it. I, I did not think of the boss in a bad way, and I am very grateful for this kind of encounter. Faced with so many temptations, although I really wanted to get it, I didn’t get any results, so I refused all of them for tactful reasons: I don’t know when I can get my salary by borrowing company money to buy a car. I didn’t invest but I took the shares and I didn’t have the money to invest. I would feel sorry for it. I had just graduated and took the position of corporate legal person for half a year. Maybe some old colleagues were dissatisfied and not very good. I refused all of them. The position of shares and corporate legal person gave a colleague who joined later than me. The boss asked me to be a corporate legal person three to four times at the time, and I refused. Later, he gave me a step down and said that the Bureau of Industry and Commerce would not let me be a corporate legal person because I was too young to graduate, and then I believed it. In the follow-up, fortunately, I was not greedy at the beginning, otherwise I would have fallen into a huge pit and couldn’t climb up. Later, I took the inter-professional examination and the judicial examination, and learned the company law. I realized how insidious the boss was at the beginning. Several of the company’s relatives were his relatives. These so-called benefits are not given to my family but to outsiders. It is really not a benefit. Giant pit! After knowing that the boss is so insidious, I resigned soon. I really appreciate my not being greedy! Thinking back now, if I were greedy, the end would be as follows: 1. If I buy a car in the name of the company, I will pay it back slowly with my salary, and the company will deduct money from my salary to pay for the car, but keep the car My gas and toll expenses are all mine, which is equivalent to me spending money to help the company maintain a car. 2. At that time, his nephew was almost a matter of the company, but the boss even said that he wanted to train me so he would give me shares and let me be a corporate legal person. A good fat is not justified by one’s own people. If I had accepted it and the corporate legal person was responsible for various signatures and defendants, I would have died many times. I have been paying attention to the follow-up development of this enterprise at Tianyan. It is really a huge pit. The colleague who became a corporate legal person later resigned and went to work in other places, but the legal representative on the business license is still the resigned colleague, and the company owes it. Many foreign debts, every time the defendant is the resigned colleague, I saw in the legal judgment documents that the boss did not even ask the lawyer to choose to defend himself. Every time, he lost. The boss held 60% of the shares through a Hong Kong company. The resigned colleague held 40% of the shares in his own name. He is now included in the list of untrustworthy. The company owes more than two million foreign debts. The previous capital contributions were all subscribed capital contributions, and no dime was paid. After my former colleague resigned, there was no way to remove his name from the shareholders and corporate legal persons, because he was only a minority shareholder. To change these, he had to obtain the approval of most shareholders. Now he is still unable to climb out of the huge pit. Being called on debts, being accused, being dishonest… The society is not as simple as we imagined, especially my former boss, who praised me every day and coaxed me to fall into a pit. You must be firm, don’t be greedy, and don’t do anything for the company! It’s okay. Don’t help the company as a director or supervisor. The boss has so many relatives. When is it good for you to be your turn? Of course, the company will continue to file lawsuits, but the boss doesn’t need to pay a dime, so it is too difficult to collect debts related to foreigners. The boss didn’t come straight away. The supplier’s payment, landlord’s rent, utility bills, and employee salaries were not paid. Unfortunately, the resigned corporate legal person. Shareholders are controlled by a Hong Kong company. Although the boss behind the scenes is also Chinese, he is always there. Eating, drinking and playing in China is happy and happy, and even the employees’ salary of several thousand yuan is not settled. This kind of boss is really bad in mind. My former colleague worked there for several years. The boss had plans for the whole family. Suddenly all of his relatives did not come back to work overnight, and sold all the valuable things in the factory, and the rest of the mandatory auctions went unsold. , All employees could not even get thousands of dollars of hard-earned money and did not attend the lawsuit, and the corporate legal person was disheveled every day. This kind of boss takes away all the benefits by himself, transfers all the risks to the employees, and helps people become corporate legal persons, which is absolutely a huge pit.

zhiwo

By zhiwo

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helpmekim
6 months ago

Not being a shareholder is right, and you must never be a so-called named shareholder. The company has benefits, and the boss will not divide you. (Even if there is a profit, the boss thinks that you are just a name but you have no actual contribution. Why do you want to divide you? ? So it is not possible to actually profit by naming, you can only get a so-called impression score that the boss thinks that you are good.) The company is not doing well, and you are legally obligated to contribute (according to the amount of registered capital) (Complete your actual payment obligation). If the company is involved in a debt dispute and does not complete the capital contribution obligation, it is Lao Lai. (The court does not matter whether you are named or not, the industrial and commercial registration shall prevail. And have you signed an exemption agreement? Signed, it is difficult to say whether the domestic holding agreement is completely valid from the legal point of view. Anyway, if the boss does not contribute money, let alone the boss not pulling you into the water, there is really a lawsuit, and at least one subpoena is given to you by the court. Think about going back and forth to the court, even if you are not involved in the obligation to contribute capital, this little time and energy alone will be enough for you.) The specifics of the supervisors depend on the responsibilities and obligations stipulated in the company’s articles of association. Refer to the company law: Article 149 of the “Company Law of the People’s Republic of China” directors, supervisors, and senior managers who violate laws, administrative regulations or the company’s articles of association when performing their duties in the company and cause losses to the company shall be liable for compensation. That is, if the company’s articles of association stipulate what the supervisor must do, and you fail to do it, and the company receives a loss, you need to be liable for compensation, such as financial fraud and you fail to fulfill the supervisor’s duties, and the company suffers damage. Yes, you have to bear the liability for compensation. To put it bluntly. This kind of company is a small company with a few people, and because of the policy requirements, you must have several positions hanging. This kind of small company has a higher probability of things, so you can just do it. Don’t go to the trouble, anyway, besides salary, you can’t earn a penny more. Also think about this named position (shareholder, supervisor), is he unaccompanied, or is there few relatives and friends? Why do you want you to come? Do??? If it’s such a good thing, wouldn’t his relatives and friends rush to do it? Will it be your turn?

heloword
6 months ago

We learned earlier that the named shareholders have huge risks, and the boss has not given rewards or compensation measures for the response. In this case, the boss has two possibilities: 1. He knows the risks of the shareholders, then it is when he knows that there are risks. I don’t want to give you the corresponding benefits. To describe it in a rough way, the boss wants to “free prostitution.” At this time, if the boss still uses “brothers” and “friends” to describe the relationship between you, and even use this relationship to convince you to be a shareholder, then you should know how dark-bellied the boss is. It is absolutely no good to keep it. I won’t cheat you today. , Will be in the future. 2. The boss doesn’t know the risks of the named shareholders, so he doesn’t know the company law at all, and he doesn’t know what problems the company should encounter in its normal operation. To put it bluntly, it is just a shopping mall. If he is indeed your friend, that’s okay. If not, then you go to work to organize a team with your boss to learn the experience of the business novice village? If not, figure out what you want.

helpyme
6 months ago

If you don’t have certain decision-making power or you don’t know the company’s accounting at all, then you can get your salary with peace of mind and give you equity if you are able to get a good result? Is there a dividend system? Are there any responsibilities? I have suffered this loss. In the end, the company has no money and it is not easy to ask for a salary. Because the shares have been free for three months, the leader tremblingly asks if the leader will let me post the money in? The leader said, don’t worry about the character of Mr. X, no matter how you won’t let you post money in, the company is cancelled. Fortunately, the company didn’t post money in.

sina156
6 months ago

risky. Don’t be it if you can’t. I had a case before, a girl was in love, and my brain was rushing to become a shareholder and supervisor of a travel agency opened by her boyfriend. I get 5000 salary a month and take care of all kinds of logistical matters. My boyfriend learned from Haitao Travel Agency and engaged in a travel recharge card. He didn’t know what he did with the money, Gaba, was determined to be a fund-raising fraud. When we found us, the girl was also arrested on the crime of fundraising fraud. What is even more tragic is that they have resigned for almost a year, and the two have long since broken up, but the industrial and commercial registration has not been changed. The final result is that the identity of the shareholders has not been confirmed, and the identity of the senior executives and supervisors has been confirmed. The court also recognized that she did not take the business commission, but there was no alternative. She still had to bear the responsibility for the entire amount of the company’s crimes. She was sentenced to four years for non-existence, and her ex-boyfriend was sentenced to life Changed the non-sucking crime). For bloody examples, don’t underestimate the word “named”. Whether the reporter is named or not, the legal facts are not clear at all.

yahoo898
6 months ago

Everyone has talked about the risks of being a named shareholder, and this friend also rejected it based on his instinct, so let’s not discuss this. Of course, what is even more pitfall is to be a named legal representative: the company’s profit has nothing to do with the legal representative. The company owes money, the legal representative directly has a high ceiling and is dishonest. The company commits a crime, and the legal representative is the first to follow in. So don’t just give your friends, bosses, and old husbands any legal representative. So is it risk-free to be a supervisor, director, and executive? of course not. It just so happened that an alumnus asked me something a few days ago. His cousin was fooled by his boss to become a director of the company during his tenure in a company in Beijing. He didn’t actually enjoy any director’s rights, so the company stopped operating and he left. . As a result, I now want to register a company, and when I go to the Market Supervision and Administration Bureau, I find myself still a director of the former company. I want to negotiate with the company to withdraw from the directorship, but the company’s shareholders and legal representatives cannot be contacted. I want to quit my directorship in a lawsuit, but I can’t find the basis for the claim. This matter hangs here. Just like you know that there is a bomb there, but there is no way to crack it, and you don’t know if it will explode or when it will explode. The feeling of being passive is really uncomfortable. We proletarian laborers should be obedient and be good at beating workers, and let them solve the problems of the capitalists themselves.

leexin
6 months ago

To put it simply, it is a sentence: If the company makes money, there is nothing wrong with you. If the company has an accident, you have to take responsibility. You are a named person, and the boss will not divide your money; the court will only go through legal procedures when making a case, and the court will not care whether you are named, and you have to bear the responsibility for this position. In short, it’s just that the effort is not thankful, and it may still be a big pit. Why did the boss ask you to be a director? Are all his family members dead?

greatword
6 months ago

For this question, Lao Na can give you the answer without even thinking about it: It’s not a good thing that anyone who is not close to you but can take the initiative to post you up is not a good thing! For example, if you call to say that you won a lottery, if there is nothing wrong with the Internet, you can click to receive a hundred yuan red envelope, or the village will give you a free clinic, etc…. All bosses who are capitalists and vampires must actively post them up and post them back to you. , Certainly not a good thing! ! The boss wants to squeeze your value, will he post it back to you for unknown reasons? (You can ask here to show that you also know that you are not important to this extent) If it is a good thing, his brothers and sisters, seven aunts and eight aunts, can’t get it, can it be your turn? ——Any boss who is a capitalist or vampire can take the initiative and repeatedly post to you and post to you, it is definitely not a good thing! If something goes wrong, there must be a demon. Oh, if you fail once, you’re dead skinny and clinging to you one after another and wanting you to be deceived, who are you? Did the little white snake find the little shepherd boy to repay her favor? I can’t figure it out, maybe it’s still a trap! In fact, there is no need to say “probably”, it is almost certain! In many small private enterprises, the bosses let their employees be legal persons, shareholders, etc. It is not uncommon to see examples of using them to top the tank and back the pot. Therefore, I warn your friends: Do not enter!

loveyou
6 months ago

Shareholders must be at risk. Shareholders must take the subscribed capital as a limited liability to assume corresponding obligations. In the company’s bankruptcy liquidation, the liabilities and subscribed capital are used to calculate the responsibilities of each shareholder and repay the corresponding debts. There is no corresponding domestic law that transfers the obligations of corporate legal persons and shareholders through agreements such as holding by natural persons, and most of them can only be resolved through private prosecution. The corresponding debtors of the enterprise can only be regarded as bona fide third parties to you, and they have no power and Obligations to directly hold accountable to your proxy agreement, you are directly responsible for the corporate legal representative and shareholders. As for whether you can let the person you hold on behalf of you bear the corresponding responsibility, that is another matter for you, and you can only make another case. . Supervisors are much less risky, but it is obvious that no matter how big or small the risk is, if you don’t give you the corresponding benefits, there is no need to get into trouble.

strongman
6 months ago

risky! 1. No-name shareholders do not contribute capital or participate in management. The law will not protect their actual rights as “shareholders”, because the fulfillment of the obligation to contribute capital to the company is the basis for enjoying shareholder rights. No-name shareholders who have not actually contributed capital will not They will enjoy the company’s rights to know, vote, vote, and to be elected based on capital contributions, and other shareholder rights. 2. The named shareholders shall be jointly and severally liable for the debts of the company within the scope of the actual capital contributions not paid by the investor. When the company is insolvent, because the shareholder information in the industrial and commercial registration is “named shareholder”, the identity of the shareholder has been publicized to the public, so no matter how the actual investor and the named shareholder are agreed, they cannot oppose a bona fide third party or named shareholder The creditors of the company shall be jointly and severally liable within the scope of the actual capital contributions not paid by the investor.

stockin
6 months ago

The establishment of a company generally has three positions: legal person: the legal representative of the company has to bear different legal responsibilities on different occasions. In the case of representing the company, his personal signature will lead to the consequences of the company’s liability; if the company goes bankrupt and has an individual Liability, the legal representative will be subject to many restrictions when re-establishing the enterprise in the future; if the enterprise violates the relevant laws, the legal representative may be restricted, for example, if the legal representative refuses to execute the court’s judgment, the legal representative is detained; the legal representative commits a crime, the legal representative Shareholders subject to criminal sanctions: When a company shareholder fails to abide by laws, administrative regulations, and the company’s articles of association, and fails to fulfill the shareholder’s obligation to make full capital contributions, that is, it abuses the company’s independent legal person status and shareholder’s limited liability in its capital contribution to the company, evades debt, and causes serious damage Where the company’s creditors are in the interest, the shareholder shall bear joint and several liability for the company’s debts. Supervisors: Supervisors are mainly for supervision, and there is no provision on the consequences of any legal liability unless it harms the company’s interests. If you cause losses to the company, you should be liable for compensation. If a company has nothing to do with you, legal persons and shareholders must not be allowed to serve, and supervisors can consider it at their discretion. If you still don’t understand, you can chat with me privately.

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