Company Qing Dynasty is a company to be in when disbanding, to the belongings of the company, include creditor's rights debt to undertake handling, allocate and the behavior of punish. Compulsive liquidation is to because violate the liquidation that behavior is instructed to shut lawfully by director office and undertakes,point to a company, or because of cannot the liquidation that pay off expires to debt is announced to go bankrupt by the court and undertake. The court is the organizer that the company liquidates compulsively. Compulsive Qing Dynasty is those who carry public right power to intervene, appoint the liquidation that liquidation group undertakes by the court namely. So in what can be the company below case enforced to liquidate?
One, the characteristic that the company liquidates compulsively
1.Forensic ruling is terminative after clearing an order, deal with by the ruling cancel formalities.
2. applicant: Creditor / partner
Basis " company method " judicatory explains a provision, mean the changeover that liquidates compulsive liquidation by oneself namely after afore-mentioned liquidation situation appear, below this kind of circumstance, if creditor did not mention liquidate application, partner also can apply for to the court, the application that liquidates compulsively main body enlarges partner.
3. court appoints liquidation team, after plan classics court affirms, liquidation carries out;
The degree that in clearing an order compulsively the court intervenes is liquidated than going bankrupt and character is relatively finite, main in be liquidated compulsively responsibility includes the court to appoint and change the member that liquidation is comprised, affirm whether liquidation plan and liquidation report, decision lengthens liquidation deadline, ruling program of terminative and compulsive liquidation. But what ought to notice is, the duty of the court in company liquidation case is not the member that appoint liquidation to comprise only, supervise whole liquidation program, ruling however after terminative liquidation program, the case just calculates careful knot.
Respect of debt of 4. pay off, introduce negotiate a mechanism
Worth of pay off company cannot be not entered necessarily when pay off debt go bankrupt program, namely, if appear in company liquidation,go bankrupt when the reason, creditor can be based on meaning autonomy proper motion to talk things over through plan of debt pay off, do not have necessary enter of course go bankrupt liquidation program, only creditor does not grant to plan of debt pay off affirm or people court does not grant to approbate, just enter go bankrupt liquidation program, rose to liquidate efficiency thereby, managing economy cost.
2, the company below what case can be enforced to liquidate
1. judgment disbands;
2. partner is met the; that resolution liquidates compulsively by the court
The purpose short of that 3. company establishs or forfeiture;
Number of 4. company shareholder the; under legal standard number
5. company registers 6 months after registering inside not practice, perhaps stop to do business by oneself after practice the; of more than 6 months
6. is in charge of mechanism to command the company is disbanded, include the; of business charter of legal person of revoke of mechanism of industrial and commercial administration
Of the business deadline at the expiration of one's term of office that the company rules that 7. company laws and regulations decides sets and in blame go bankrupt in liquidating a process, discover company assets when liquidation group cannot pay off is all when debt, blame go bankrupt liquidation will turn to be liquidated to go bankrupt. Partner meets what the conference decides to disband.
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