On December 14, 2021, a hearing was held for a corporate creditor interest damage liability dispute case represented by our firm.

Through investigation, we discovered that the debtor company has a de facto controller who manages the company’s operations, controls the company’s seals and certificates, and exercises actual control over the company’s actions. This de facto controller is married to the shareholder who withdrew their capital contributions. Meanwhile, the company’s legally registered legal representative and executive director is merely a janitor.

We argue that, under the principle of high probability, the shareholder and the nominal legal representative could not have completed the withdrawal of capital contributions without the de facto controller’s permission, instruction, direction, or assistance. The de facto controller should bear joint and several liability in accordance with Article 14 of the Judicial Interpretation III of the Company Law, which stipulates that individuals who assist shareholders in evading capital contribution obligations shall be jointly liable for compensating the company’s creditors.