The teacher has become lazy.

This article is adapted from a true story.

That night, Lingling, a school teacher, was booking a plane ticket online. When submitting the order, the website suddenly popped up "I can't book the plane ticket for the time being, please return it". Lingling Tao was puzzled. After several attempts, this sentence popped up on the screen. "Why can't I book a plane ticket? Is there a problem with the website? " While whispering, she found the phone number of the airline customer service: "Hello, please check, why can't the website buy tickets?" Is there a problem? "

"Hello, madam, my background shows that you are a person who has been betrayed. Because of the relevant regulations, the trusted person can't buy a plane ticket for the time being. I'm very sorry for the inconvenience. Do you have anything else to consult? " Airline customer service responded politely.

Isn't the person who is betrayed what we call Lao Lai? How did I become Lao Lai? Ling Lingtao felt very puzzled when she heard this reply: "Impossible, I usually don't owe money. How can I be a man who breaks his word? " ? Please check it for me again. "

"Sorry, madam. We registered here according to the inspection of the court. The identity you are using now is indeed a person who has lost faith. Why don't you check with the relevant departments here? " Customer service is still a polite response.

Lingling Tao has a fever on her face. Think about it. He often teaches students to be honest in class. Why did he suddenly become a foreigner? If this gets out, where will your face go? Is this related to my overdue two months ago? It turned out that two years ago, Lingling Tao got a credit card from her relatives in order to help them complete their tasks. In order to facilitate repayment, she was bound to the salary card and set up automatic repayment. However, until one day in May this year, Lingling Tao suddenly received several text messages saying that her credit card was overdue for three days. He called and asked, "Is my repayment overdue? I bound the salary card and set up automatic repayment. "

The bank staff replied: "In April this year, our bank cancelled the automatic repayment business with a bank, which is the one you are bound to repay. Your credit card can't be repaid automatically. In early April, we sent a text message to remind you. "

Hang up the phone, Lingling Tao searched in her mobile phone for a while, and finally found the so-called prompt information in the spam message.

At this time, Ling Lingtao called back: "I turned to the short message you sent me, but you didn't call me in advance, just informed me by short message. This is not a notification obligation, and my side has also passively lifted the automatic repayment, not the payment. You should cancel my overdue record. " After some negotiations with the customer service staff of the bank, Lingling Tao failed to call the bank, so she cancelled the overdue record of Lingling Tao.

Lingling thinks it must be the credit card.

The next morning, Ling Lingtao contacted the bank customer service again, and the bank customer service told him that the last overdue record had been deleted, which would not affect his personal credit information, and it should be caused by other reasons.

What's the reason?

The customer service of the bank informed Ling Lingtao that the relevant case information can be found online in China. Lingling Tao quickly logged on to the website to inquire, but when he found out, he was shocked. Lingling Tao found out that she was actually a shareholder of a software company in Beijing, which had a bank loan of 6 million yuan that had not been paid back. A month ago, the bank applied to add Lingling Tao as the executor. Lingling Tao couldn't believe her eyes. He has always been a teacher. How could he start a company for no reason and still owe 6 million yuan in debt? Lingling Tao thought about it for a long time before she remembered that one day in early June, she did receive a fixed phone call from Beijing area code. The other end of the phone claimed to belong to a court in Beijing. Ling Lingtao thought it was a fraudulent phone call, but before he finished, he hung up and blacked out. Unexpectedly, the phone call was really from the court. Lingling Tao went through the phone records in her mobile phone and found the phone number of the court. After several phone calls, he contacted the judge in charge. The judge told Lingling Tao that as a shareholder of a software company in Beijing, its business license has been revoked, but the revocation does not mean that the company's main qualification disappears, so the company still owes the bank 6 million yuan in loans and interest. Just before the bank filed a civil lawsuit against the company, the company's books showed that a large amount of funds flowed into the personal account of Qiao Qiang, the legal representative of the company. Now Qiao Qiang absconded with the money, and the bank applied to list shareholders Ling Lingtao and others as executors. The words in court reminded Lingling of a classmate party many years ago.

In the Spring Festival that year, Lingling Tao attended the reunion of the fifth anniversary of college graduation. Joe Wall appeared in front of everyone in a famous suit. After a few years, Joe Wall became more and more fashionable. The reunion was initiated by Joe Wall and several boys who work in Beijing. The day after the party, Qiao Qiang asked Lingling Tao to have coffee alone. Lingling Tao agreed without thinking too much. When they met, they exchanged a few pleasantries. Qiao Jiang whispered to Lingling, "In the past few years after graduation, I have been responsible for the development of financial software. Recently, I took a fancy to a project with several students working in Beijing, and prepared to start a company in partnership. This project is not available in China at present, but it has a very good prospect and will definitely make big money in the future. " Qiao Qiang paused, revealing a more mysterious expression, and said, "But there are many people investing in new companies. My current funds are limited and my shares in the company are not high. In order to have more say in future development, I would like to invite you to join us. " Joe Wall's words made Lingling Tao a little tempted, but a little worried. On the one hand, he returned to his hometown after graduation, and Csavar was as far away as Beijing. On the other hand, "after hearing what you said, I also think this industry should be very profitable, but I have no savings in recent years." I really want to start a company together. What can I get as a shareholder? "

After Qiao Qiang learned of his doubts, he mysteriously told Ling Lingtao: "This so-called shareholding actually does not require you to really contribute. As long as you transfer 500,000 yuan to the company account first, and then transfer the money back after the company is established, it will not affect your use of money, and you can still pay dividends when the company makes money. "

500 thousand is not a small sum. Because of Joe's face, Lingling Tao said to go home and discuss it. After returning home, Lingling Tao and her husband Huang talked about it. I didn't expect my husband to be very happy and support her to do so. I also think the money is just circulating, and it really doesn't affect me. So I borrowed 500 thousand from my parents and did as Joe said. After that, Ling Lingtao rarely asked about Internet companies, let alone participated in management. Slowly, Lingling Tao forgot about it and lost contact with Qiao Bi. Unexpectedly, a few years later, Joe Wall's company not only failed, but also absconded with the money. Want to understand the ins and outs of the matter, Ling Lingtao felt that she was too wronged. Obviously, she was only a nominal shareholder and did not actually participate in the company's operation and management. Then why did the bank chase her and list her as an executor of dishonesty? How much repayment responsibility does she have to bear to the bank?

This is the withdrawal of capital contribution. According to Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC), after the establishment of the company, if the shareholders or creditors of the company request the shareholders to withdraw their capital contribution on the grounds that the relevant shareholders' behavior conforms to one of the following circumstances and damages the company's rights and interests, the people's court shall support it. Then the fourth item here is other acts of withdrawing capital without legal procedures. In the story, Lingling Tao, as a shareholder, remitted 500,000 yuan to the company account when the company was established. On the same day, the company transferred the above-mentioned funds back to Ling Lingtao's bank account, that is, Ling Lingtao transferred the capital contribution to the company's account without the company's statutory capital reduction procedure, which was in line with the above-mentioned legal provisions on withdrawing capital contribution. Therefore, in the story, Tao, the nominal shareholder and Lingling's friend, became the company. After the company he invested in closed down and Qiao Qiang absconded with the money, the creditor bank has the right to list Lingling Tao, the shareholder who evaded the capital contribution, as the executor. Since the court contacted Ling Lingtao many times since then, there was no response, so it was included in the list of untrustworthy executors. After listening to the introduction of the executive judge, Lingling Tao realized that she thought that being a shareholder was just to hang a name, but she didn't expect to get herself into such a big trouble. But despite this, Lingling Tao still feels that she has neither participated in the operation nor participated in the dividend. Is it just because he will have to go to the wall and bear the huge debt of the company? Looking at an innocent Ling Lingtao, the judge said, "You became a registered shareholder of the company according to Qiao Qiang's meaning, and transferred 500,000 yuan in your account to the company account according to Qiao Qiang's meaning, not Qiao Qiang's personal account. At this point, as a shareholder, you have fulfilled your capital contribution obligations. In the absence of chaotic accounts, shareholders are only liable for the debts of the company to the extent of their capital contribution. This is the limited liability of shareholders. However, after the company did not go through the normal capital withdrawal procedure, it transferred the 500,000 yuan back to your private account, which constituted capital withdrawal. " After listening to the judge's explanation, Lingling Tao finally realized that she was really fooled by Qiao Bi. As soon as the money enters and exits the company account, it becomes a cash withdrawal. This is really the friendship of shareholders' passive debt repayment.

In the end, Ling Lingtao promised to the executive judge to repay the debt of 500,000 yuan within the scope of withdrawing the capital contribution, and her name was also removed from the list of people who were untrustworthy.

Now everyone's life is getting richer and richer. There are not a few people like Lingling Tao who have been taken as nominal shareholders, but shareholders are a position with corresponding rights and obligations. Being a shareholder without knowing anything in advance, the risk will be like Lingling Tao, which may involve taking responsibility for the company's debts.