On May 18, 2022, an online hearing was held for a shareholder capital contribution liability dispute case represented by our firm. The key issue in this hearing was whether shareholders could still file a lawsuit to demand that other shareholders return their capital contributions to the company, given that the company had been revoked but not dissolved, and the court-ordered compulsory liquidation had already been concluded.
Our lawyers argued the following points:
1.Although the company has been revoked, it has not been dissolved and still retains its legal personality. Therefore, it can participate in the litigation as a third party, and this does not affect the shareholders’ rights.
2.The court’s ruling to conclude the liquidation process signifies that the compulsory liquidation procedure has ended, and the liquidation team organized by the court is no longer functioning. As a result, the right to demand the return of capital contributions can and must be exercised by the shareholders or the company itself.
The court accepted our lawyers’ arguments, and the case will proceed to substantive trial.