Adding the subject of execution refers to a legal system in which the people's court increases the outsider who has the obligation to contact the person directly executed as the subject of execution according to law due to legal reasons in the civil execution procedure. The addition of the subject to be executed must be carried out in strict accordance with the law and through legal procedures.
In accordance with the "Provisions of the Supreme People's Court on Several Issues Concerning the Alteration and Addition of Parties in Civil Execution"
Article 17 As an executed enterprise as a legal person, its property is insufficient to pay off the debts specified in the effective legal documents. The people's court shall support the enforcement applicant's application to change or add shareholders or investors who have not paid in full or have not paid in full, or promoters who are jointly and severally liable for capital contribution in accordance with the provisions of the Company Law.
Article 22 After the executed legal person or other organization is revoked, its business license is revoked, it is revoked, it is ordered to close down, or it is closed down, its shareholders, investors or competent authorities accept its property free of charge.
If the person subjected to execution has no inheritance or the inheritance is insufficient to pay off the debts, the people's court shall support the application for the executor to change or add shareholders, investors or competent departments as the person subjected to execution and bear the responsibilities within the scope of the accepted property.
Therefore, when the company's property is not enough to pay off the debts determined by the effective legal documents, the creditors can directly apply for adding shareholders who have not contributed truthfully as executors during the execution process, so as to protect their own interests to the maximum extent.
Extended data:
According to "Provisions of the Supreme People's Court on Several Issues Concerning Alteration and Addition of Parties in Civil Execution"
Article 16 An organization other than a sole proprietorship enterprise, a partnership enterprise or a branch of a legal person, as the person subjected to execution, cannot pay off the debts specified in the effective legal documents, and the people's court shall support the application of the person subjected to execution to change or add a subject liable for the debts of other organizations according to law.
Article 18 If the property of the executed enterprise as a legal person is insufficient to pay off the debts determined in the effective legal documents, and the shareholders or investors apply for the executor to change or withdraw their capital contributions, they are the executors and bear the responsibilities within the scope of withdrawing their capital contributions, the people's court shall support them.
Article 19 If the property of the company under execution is insufficient to pay off the debts specified in the effective legal documents, and its shareholders fail to fulfill their capital contribution obligations according to law, the people's court shall support the application of the person under execution to change or add the original shareholders or promoters who are jointly and severally liable for capital contribution in accordance with the Company Law.
Asbestos Changan Net-Conditions for applying for additional shareholders as executors during execution