Database Case: Wen Mou v. Sichuan Investment Consulting Co., Ltd. et al.
When a creditor seeks recovery from the company and then pursues supplementarily liability from under-contributing shareholders, those shareholders may invoke the company's statute-of-limitations defense against the creditor. If the creditor's claim against the company is time-barred, the shareholders may rely on that defense to resist supplementary liability.
Holding
When a creditor seeks recovery from the company and then pursues supplementarily liability from under-contributing shareholders, those shareholders may invoke the company's statute-of-limitations defense against the creditor. If the creditor's claim against the company is time-barred, the shareholders may rely on that defense to resist supplementary liability.
Issues
invalid subscription of newly issued capitallimitation defense available to under-contributing shareholdersindividual creditor recovery