Database ID 2023-08-2-084-028

Reference Case: Beijing Building Materials Company v. Beijing Technology Company and Ma et al.

A shareholder may set off a due debt owed by the company against contribution obligations only if the articles are duly amended, the company has sufficient solvency, and the change is properly filed; otherwise the set-off cannot defeat the claims of company creditors.

Holding

A shareholder may set off a due debt owed by the company against contribution obligations only if the articles are duly amended, the company has sufficient solvency, and the change is properly filed; otherwise the set-off cannot defeat the claims of company creditors.

Issues

set-off of shareholder debt against contribution obligationscapital maintenancearticles filing