Dispute over Accelerated Capital Contribution by Shareholders of a Fuzhou Catering Company

Case Summary

The plaintiff, Xiamen [Name] Food Supply Co., Ltd., has a long-standing supply relationship with the defendant, Xiamen [Name] Catering Management Co., Ltd. The defendant owes the plaintiff 260 ten thousand yuan in unpaid goods payments. Despite a final court judgment confirming this debt, the defendant remains unable to repay. The defendant company has registered capital of 1000 ten thousand yuan. Shareholders Zhang and Liu have subscribed to capital contributions of 600 ten thousand yuan and 400 ten thousand yuan, respectively. According to the company's articles of association, their capital contribution deadline is 2030 year, 12 month, 31 day, which has not yet expired. The plaintiff therefore filed a lawsuit requesting that shareholders Zhang and Liu bear supplementary liability for the defendant's outstanding payment of 260 ten thousand yuan within the scope of their unsubscribed capital contributions.

Key Dispute

1.Has the defendant company met the grounds for bankruptcy?

2.Should shareholders' subscribed capital contribution deadlines be accelerated if they have not yet expired?

3.Is the plaintiff's claim for shareholders to bear supplementary liability consistent with legal provisions?

Case Strategy

1.Secure core evidence including the effective court judgment, ruling on enforcement, defendant company's business registration information, articles of association, shareholders' subscribed capital contribution agreement, and communication records between both parties.

2.Demonstrate that the defendant company, despite court-ordered enforcement, remains unable to pay its due debts and is insolvent, thereby satisfying the statutory conditions under the Company Law and relevant judicial interpretations for accelerating shareholder capital contributions.

3.In response to shareholders' defense that their capital contribution deadline has not yet expired and therefore they should not bear liability, provide evidence demonstrating that when the company meets the grounds for bankruptcy, the shareholders' obligation to contribute capital is not subject to the agreed-upon timeline. The contribution obligation shall accelerate, requiring shareholders to assume supplementary compensation liability for the company's debts within the scope of their unpaid contributions.

4.Calculate the unpaid capital amounts for shareholders Zhang and Liu, as well as their scope of supplementary liability.

Processing Result

The court ruled that shareholder Zhang is jointly and severally liable for the plaintiff's 260 yuan in unpaid goods owed by Defendant Xiamen [Name] Catering Management Co., Ltd., up to the extent of his 600 yuan unpaid capital contribution. Shareholder Liu is also jointly and severally liable for the aforementioned debt up to the extent of his 400 yuan unpaid capital contribution. Both Zhang and Liu shall bear all litigation and preservation costs for this case.

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