Controlling shareholders generally do not need to bear the risks of the company. However, if the actual shareholder fails to make a truthful contribution, the creditor may require the controlling shareholder to bear supplementary liability for the part of the company's debt that cannot be repaid within the scope of unpaid principal and interest. After the controlling shareholder assumes the liability for compensation, the people's court shall support the actual investor's claim.
Can I get a refund for holding shares on my behalf?
Holding shares on behalf of the company can be refunded. Holding shares on behalf of the actual investor is a kind of equity or share disposal method in which the actual investor agrees with others to perform shareholders' rights and obligations on behalf of the actual investor in the name of the other party. If the controlling shareholder wants to discharge its responsibilities, it shall transfer the equity held on its behalf to the actual controller or the third person designated by it. Go to the administrative department for industry and commerce to register the change of shareholders. Obviously, shareholders should bear the corresponding responsibilities with the actual shares they hold, and it is generally stipulated in the equity holding agreement that they can recover from the actual equity holders.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 26 of Provisions of the Supreme People's Court on the Application of Several Issues (III).
The creditors of the company require the shareholders registered in the company registration authority to bear supplementary liability for the part of the company's debt that cannot be paid off within the scope of unfulfilled principal and interest on the grounds that they have not fulfilled their capital contribution obligations, and the people's court will not support the shareholders' defense on the grounds that they are only nominal shareholders and not actual investors.
If a nominal shareholder claims compensation from the actual investor after assuming the liability for compensation in accordance with the provisions of the preceding paragraph, the people's court shall support it.