case Mainland China English summary

Building Materials Company v. Zhuang: Malicious Equity Transfer and Contribution Deadline Extension

某建材公司诉庄某某、某矿业公司等股东损害公司债权人利益纠纷案

SPC typical case holding that zero-price affiliated transfers of unpaid subscribed equity and a later contribution-deadline extension used to evade an existing debt did not defeat the creditor's claim to supplementary liability.

Brief English Introduction

A shareholder with a large unpaid subscription transferred equity for zero consideration to affiliated actors after the company could not satisfy a judgment debt. The transferee then extended the contribution deadline to 2040. The court held the extension ineffective against the creditor and imposed supplementary liability within the unpaid contribution amount.

Use It For

Use this for Article 54 acceleration, Article 88-style transfer problems, debt evasion, contribution-period extensions, and the relationship between shareholder autonomy and creditor reliance.

Teaching Notes

The case is a strong reminder that contribution timing is not only an internal bargain. Once the company cannot pay, zero-price affiliated transfers and deadline extensions can become creditor-harm facts.