If it is a limited liability company, bankruptcy or bankruptcy shall be managed by the court according to the bankruptcy law, and a liquidation institution shall be appointed for bankruptcy liquidation. Since shareholders have not actually contributed capital, the confirmation of shareholders' qualifications is entirely based on the share donation agreement. Whether the share donation agreement can be revoked, invalid or dissolved, etc.
Performance shareholders are naturally disqualified. The rights and obligations of performance shareholders, such as dividend claims and voting rights, are determined by agreement, but the obligations of shareholders, especially external obligations, are the same as those of ordinary shareholders, on the grounds that shareholders are registered and publicized.
Company Law of the People's Republic of China
Article 35 stipulates: "Shareholders shall receive dividends in proportion to their paid-in capital contributions; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. However, all shareholders agree not to share the dividend according to the proportion of capital contribution or not to give priority to the capital contribution according to the proportion of capital contribution. "
Then let's assume that the registered capital of a company is 10000 yuan, which is clearly stipulated in the articles of association submitted to the industrial and commercial bureau: Party A contributes 9900 yuan, with a dividend of 60%, and Party B contributes 100 yuan, with a dividend of 40%. At this time, the actual contribution of B is only 1%, but it is based on 40%.
Refer to the above content: Baidu Encyclopedia-Performance Shares