What to do if the company does not give shareholders dividends for the company 丨

Mr. Chen, a citizen of Bole: In 2020, I opened a business company with my friends. I was a small shareholder and did not participate in the actual operation of the company. At that time I also said that I can acquire my equity. But as far as I know, the company's benefits are very good, and I don't want to transfer equity. Can I ask the company to dividends?

Pan Zengyao, a member of the Pomegranate Legal Gang Group and a lawyer of Beijing Dacheng (Urumqi) Law Firm: The problems you encounter are legal "company surplus distribution". It is the basis for cooperation between shareholders. Although you do not actually participate in the company's operation, it does not prevent the right to obtain dividends.

According to the requirements of the Supreme People's Court on the application of the "Company Law of the People's Republic of China", you can come up with the resolutions of the shareholders' association on dividends, and the court will determine the company to dividends in accordance with the resolution. I suggest you as much as possible to promote the shareholders 'association to make a resolution of surplus distribution with a clear plan; if it cannot be achieved, you must have evidence to prove the following points: the company has a distribution of surplus; some shareholders abuse shareholders' rights The abuse of the cause and effect between the rights of shareholders and the non -distribution of surplus.

Regarding the relevant evidence of the latter, there are transfer profits to related companies, shares shareholders or their assigned personnel who have worked in the company, or assigned people who have paid high salary, purchase of unrelated services or property for shareholders for consumption or use.

The Pomegranate Legal Gang Group is a position for the pomegranate cloud/Xinjiang Daily to provide legal public welfare services for users. The "help" sector wrote down your demand, and we will do our best to provide you with legal public welfare services.

(Pomegranate cloud/Xinjiang Daily reporter Sui Yunyan sorted out)

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