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《公司法》在“法律责任”一章中针对多种可能出现的违法行为,分别作出了多种处罚规定。本文仅就“虚假出资”行为的法律责任及处罚问题作一探讨。大家知道,《公司法》中所称的公司是指在中国境内设立的有限责任公司和股份有限公司。在有限责任公司中,股东以其出资额为限对公司承担责任,公司以其全部资产对公司的债务承但责任;在股份有限公司中,其全部资产分为筹额股份,股东以其所持股份为限对公司承担责任,公司以其全部资产对公司的债务承担责任。《公司法》第23条按照公司的经营范围具体规定了有限责任公司注册资本的最低限额,其中以生产经营为主和以商品批发为主的公司为人民币50
The “Company Law” in the chapter “Legal Responsibility ” has made a number of penalties for a variety of possible violations. This article only on the “false investment ” behavior of legal liability and punishment issues to be explored. We all know that the company referred to in the Company Law refers to a limited liability company and a joint stock limited company established in China. In a limited liability company, the shareholders assume the liability to the company for the amount of their capital contribution. The company takes all its assets to bear the liabilities of the company. In the limited liability company, all assets of the company are divided into shares for sale. Shares are limited to the company, and the company is responsible for the company’s debt with all its assets. Article 23 of the Company Law stipulates in detail the minimum registered capital of a limited liability company according to the business scope of the company. The majority of the companies mainly engaged in production and operation and mainly engaged in the wholesale of goods are RMB50