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Lack of operating capital refers to the company's registered capital although compliance with the law, but the scale of the company's operations or services far exceeds its economic capacity, ie the amount of capital in the legal entity with business activities in which it engages the amount of money needed when the disparity can be ordered responsibilities to its shareholders. If the company's scale of operations far exceeds its economic capacity and shareholders in a limited liability under the protection of their business activities through scale operation will exceed the risk transferred to the counterparty, in which case, once the transaction to give the company the benefit of creditors relative damage, should not deny the company's legal personality, by the shareholders of the company's debt held jointly liable.

规避法律义务

(2) avoid legal obligations

利用公司法人人格规避法律义务，通常是指受强制性法律规范制约的特定主体，应承担作为或不作为的义务，但其利用新设公司或既存公司法人人格，人为地改变了强制性法律规范的适用前提，达到规避法律义务的真正目的，从而使法律规范本来的目的落空。

Use of corporate personality to circumvent legal obligations, usually refers to mandatory legal norms by restricting specific subject, should bear the obligation to act or omission, but its use of the new company or an existing company legal personality, artificially changing the mandatory legal norms is applicable only to achieve the real purpose to circumvent legal obligations, so that would defeat the purpose of legal norms. In this case, it should be denied the company's independent personality, to ensure the effectiveness of the law and authority.

(3) avoid contractual obligations

To avoid the use of the company form contractual obligations, mainly refers to the shareholders in accordance with an independent personality to bear the name of the company has not benefited from the company's debt or the company itself disproportionate risk, resulting in debts economic parties (shareholders) and legal parties (companies) dislocation, resulting in the former only to benefits, the latter sole risk of unjust situation. (Footnote - Zhou, Liu W of Ann of Corporate Personality Denial System red of the applicable [J]. Zone Economy, 2006, (8) .76.) If the company's own debt in the case, for the transfer of property to evade debts, its property to set up a new company or other corporate entities, the new corporate debt does not assume the original company, the new company to get rid of the loss of the status quo, leaving the original company to become an empty shell; operate one or more subsidiaries of the parent company, contract or de facto control through a subsidiary, forcing the subsidiary itself is not conducive to accept the price in order to achieve profits of the parent company or other subsidiaries and other circumstances.

(4) Corporate Personality confused

Corporate Personality confused, also known as "corporate personality Xinghai" and confuse the phenomenon, by: hotchpot that shareholders and the company's major equipment, business premises, liquidity and even financial accounts integration; confused organization, namely the shareholders and consistent with the company's senior 本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。