What is the ruling on the remaining half of the debts of a public shareholding company that ceased operations after losing its capital and selling its assets? Is it the responsibility of the shareholders, or did it cease with the company's closure?
The system in joint-stock companies is based on the principle that the partners' liability for debts is limited only to the extent of their contributions. This is a permissible agreement as long as the creditor dealt with the company on this basis. The creditor does not lose his right, because he is a creditor of the company's assets and properties, and the partners do not have the right to liquidate the company except after settling the creditors' rights. As long as the agreement is based on mutual consent and is free from usury, ambiguity, and gharar (excessive uncertainty), the original ruling is permissibility. Accordingly, since the employees entered into this company system, they cannot obligate the shareholders beyond their capital.
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