Company Qing Dynasty is a company to disband or by adjudication hind, according to is certain work of program finish firm, call in creditor's rights, pay off debt allocates belongings, make company corporate organization ends the program that kill finally. So, is the company disbanded whether should undertake liquidating? How to undertake liquidating?
Law girl netizen seeks advice:
Below what circumstance, does the company disband liquidation to go bankrupt liquidation changeover?
Han Lin's lawyer solves:
Appear the firm that dismisses a reason is in disband liquidation the order is firm in the begining, indebted circumstance is not clear about its exact asset commonly. But clear in what pass belongings and creditor's rights debt later, company assets whether enough pay off is all debt, can make clear. When company worth exceeds liability, disband liquidation contented success, and company worth can't pay off is all when debt, basis " company method " reach the 188th times " go bankrupt law " the 7th the 3rd regulation, should start namely go bankrupt liquidation program.
Han Lin's lawyer is compensatory:
Settle accounts program is as follows:
１ , partner can be made disband resolution, or the government is instructed disband, or people court according to right to vote of hold company all shareholder the application of the partner of 10% above decides to give disband. Partner can be disbanded to the company make resolution, this resolution must be passed via representing the shareholder of 2/3 above right to vote. Of state-owned and solely invested company disband, must control administration decision by state-owned asset; Main state-owned and solely invested company is disbanded, apply for to go bankrupt, after ought to supervising administration examine and verify by state-owned asset, sign up for this class people government to approve.
2, company of formulate of company board of directors dismisses plan.
3, the company is disbanded, ought to deal with a company to liquidate lawfully.
After the company clears an end, liquidation group ought to make liquidation report, newspaper partner plenary meeting of meeting, shareholder or people court affirms. Liquidation report should include the following content: Debt of １ , creditor's rights already cleared end; 2, pay of each imposition, worker already settle; 3, already released cancel announcement.
Epilogue of Han Lin's lawyer: Fraud of practise favouritism of jobbery of liquidation team member, seek is illegal income or of embezzlement company worth, by the company the mechanism that register is instructed return company worth, confiscate illegal earning, can be in with violating earning one times above fines below fivefold.
