Did not inform creditor undertakes be liquidatinged lawfully, how to assume liability to pay compensation
Basic details of a case
At the beginning of July 2018, the loan that HG company applies for to the bank for other offers joint liability to assure, reimbursement deadline and after during assuring, expiring, borrower and HG company all not seasonable pay off this loan, the bank applies for to be carried out compulsively to the court, but because borrower and HG company all do not have belongings to be able to be offerred,carry out, the court rules break down is carried out then.
Bank of after the event undertook this creditor's rights for many times cession, suffer finally by DM company let, the announcement that makes over creditor's rights told HG company.
The partner of HG company is met resolution dismisses a firm, undertake liquidating to its company worth, but did not tell DM company.
HG company is right after liquidation ends 3 million belongings undertook the rest of the company allocate, cancel HG.
After DM company is informed, sue to the court, because violate the loan loss that liquidate and causes,shareholder of requirement HG company compensates for his.
The court thinks:
The first, should assume corresponding responsibility to what the company violates compasses liquidation: The company needs to notice in the process that disbands liquidation, above all, the company must not be cancelled without liquidation; Next, the company must undertake according to legal process and pay off order when liquidation. Almanac face tells creditor and did not undertake liquidating, harmed the interest of creditor, attribute illegal liquidation action, behavior person ought to assume corresponding responsibility.
The 2nd, the liability that liquidates to breaking the law assumes a problem: In this case, HG company falls in the circumstance of the creditor DM company with not written witting already announcement, illegal liquidation cancels the behavior of the company, the loss that ought to violate liquidation behavior to be caused to DM company to its assumes responsibility.
Because liability to pay compensation is the civil responsibility that has compensation quality, the actual loss that ought to cause in order to violate liquidation behavior place accordingly regards compensation as the basis, join the foundation of company finite liability at the same time, because the partner of company of the MJ in this case ought to be in,violate liquidation earnings increase inside 3 million yuan limits, assume liability to pay compensation to DM company.
The lawyer reviews analyse
" company method " in the provision that clears about the company: "Liquidation group ought to have loan of the 10 announcements inside day from the day that hold water, go up in newspaper within 60 days announcement. Creditor ought to rise 30 days from the day that receives notice inside, the from announcement day that did not receive notice rises 45 days inside, declare its creditor's rights to liquidation group. Creditor declares creditor's rights, ought to show the concerned item of creditor's rights, provide proof data. Liquidation group ought to undertake registering to creditor's rights. During declaring creditor's rights, liquidation group must not undertake pay off to creditor. Liquidation group must not undertake pay off to creditor..
"The member that liquidation is comprised ought to devoted to post, fulfil liquidation obligation lawfully. The member that liquidation is comprised does not get jobbery to receive bribery other perhaps and illegal income, do not get embezzlement company worth. Because the member that liquidation is comprised perhaps weighs big error to give a company intentionally or creditor causes losing, ought to assume liability to pay compensation. Ought to assume liability to pay compensation..
