case Mainland China English summary

Simante Director Capital-Call Duty Retrial

胡某生等与斯曼特微显示科技(深圳)有限公司损害公司利益责任纠纷再审案

After prosecutorial protest, the SPC limited directors' liability for failure to call unpaid capital to responsibility proportionate to fault and causation, rejecting automatic full joint liability for shareholders' unpaid contribution.

Brief English Introduction

The case updates the well-known Simante capital-call dispute after the 2025 retrial. It remains important for the Article 51 duty, but the teaching point is now responsibility proportionate to fault and causal contribution, not blanket liability.

Use It For

Use this for director duties to verify and call capital contributions, the difference between shareholder contribution liability and director diligence liability, and creditor-facing capital discipline.

Teaching Notes

Students should compare the earlier 2019 Supreme People’s Court approach with the 2025 retrial report. The revised result is especially important after the 2023 Company Law expressly codified the board’s capital-call duty.