有限公司如違約股東是否需要上身?

2011-06-28 8:26 am
本人有一份合同, 是用有限公司簽署的, 想問一下以下的一段英文有否提及如違約, 股東個人是否會上身, 還是只是公司清盤而已, 謝謝各位大大.

If the Rent or other charges or additional outgoings with interest thereon (if any) hereby reserved or any part thereof shall be in arrears at any time after the due date (whether formally demanded or not) or if there shall be any other breach or non-performance of any of the covenants stipulations conditions or agreements herein contained and on the part of the Tenant to be observed or performed or if the Tenant shall become bankrupt or being a corporation go into liquidation whether compulsory or voluntary (save for the purposes of amalgamation or reconstrction) or if a receiver or a receiver and manager is being appointed against all or any of the asset or business of the Tenant or if any petition shall be filed for the winding up of the Tenant or if the Tenant shall otherwise become insolvent or enter into any arrangement or composition for the benefit of the Tenant's creditor(s) or shall suffer any distress or execution to be levied upon the Premises or otherwise on the Tenant's goods or effects or if the Tenant persistently fails to pay the Rent or any payments hereby stipulated and when due, then and in any such case it shall be lawful for the Landlord or any person duly authorised in that behalf at any time thereafter to re-enter into and upon the Premises or any part thereof in the name of the whole whereupon this Agreement shall absolutely determine and the deposit paid as hereinafter mentioned shall be absolutely forfeited to the Landlord as and for liquidated damages and not as penalty but witout prejudice to any right of action by the Landlord in respect of any outstanding breach or non-observance or non-performance by the Tenant of any of the terms of this Agreement and the Landlord shall be entitled to recover from the Tenant all loss and damage it sustains as a direct or indirect result of such early determination.

回答 (2)

2011-06-28 5:49 pm
雖然水蛇春咁長, 但冇講過d股東要負責喎, 既然係咁, 有限公司既股東當然唔會有任何責任上身, 除非有未繳股本, 咁最多都係要俾返個未繳股本only, 放心啦
2011-06-28 4:48 pm
As there is no such clause of undertaking (e.g. guarantee ) given by the shareholders of the limited company for the company's acts , there is no obligation of the shareholders to pay for the rent in arrears, damages etc. This is a separate legal issue as 2 different persons. The Tenant had been clearly stated in the Tenancy Agreement that it is the limited company. The Landlord could only recover any benefit from the assets of the limited company in the final outcome.


收錄日期: 2021-04-23 23:37:16
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