If the private change of equity involves abuse of power, the person who changes the equity privately will be suspected of official embezzlement. If the amount is relatively large, he will be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, he will be sentenced to five years in prison. A prison sentence of not less than 10 years and more than 10 years of fixed-term imprisonment may be imposed, and property may be confiscated. When transferring equity in accordance with the relevant laws of our country, you must abide by the provisions of the company law and the company's articles of association. Transferring equity privately in violation of the regulations is illegal.

1. Is it illegal to forge a shareholder’s signature to change equity?

It is illegal to forge a shareholder’s signature to change equity.

For the behavior of shareholders of the company or the trustee taking advantage of his position to illegally occupy the equity of the company's shareholders, if it can be determined that the perpetrator has the subjective purpose of illegally possessing other people's property;

Then the behavior of taking advantage of his position to illegally occupy the shareholders' equity in the company's management can be punished as the crime of official embezzlement.

Whoever embezzles a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; whoever embezzles a huge amount shall be sentenced to fixed-term imprisonment of not less than five years and may also be subject to confiscation of property.

2. Is it illegal for a legal person to sell company property without permission?

Illegal. According to the provisions of the Company Law, the legal representative generally does not have the right to dispose of the company's assets privately, and must obtain the consent of other shareholders, and the shareholders' meeting authorizes his actions. In this regard, shareholders can request the board of directors (executive director) or board of supervisors (supervisors) to sue the legal representative for compensation for losses. If the aforementioned entities do not request, shareholders can request the legal representative to compensate the company for losses in their own name. If a legal person privately sells assets, it is a misappropriation of company property by taking advantage of his position, which constitutes the crime of official embezzlement. It is necessary for the public security organs to file a case for investigation and investigate their criminal responsibility through criminal proceedings. Any staff member of a company, enterprise or other unit who takes advantage of his or her position to illegally appropriate the unit's property for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the amount is huge, he shall be sentenced to three years' imprisonment or to fixed-term imprisonment of not less than 10 years but not more than 10 years, and to a fine.

3. Is it a crime for a clerk to collect money privately?

The act of a clerk collecting money privately is considered occupational embezzlement. If the property received privately reaches 60,000 yuan, it will constitute the crime of occupational embezzlement. , they will generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined. If the amount of the crime is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount of the crime is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years, and shall also be fined.

Legal basis:

Article 271 of the "Criminal Law of the People's Republic of China" A staff member of a company, enterprise or other unit who takes advantage of his position, Whoever illegally takes possession of the unit's property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined; if the amount is extremely huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined; if the amount is particularly huge, , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined. Personnel engaged in official duties in state-owned companies, enterprises or other state-owned units, and persons assigned by state-owned companies, enterprises or other state-owned units to non-state-owned companies, enterprises or other units to perform official duties Anyone who commits the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.