1 thought on “The specific process of company liquidation”
Jessica
1. The first step of setting up the liquidation group company’s liquidation group is set up a clearing group. According to the types of liquidation, the establishment of the liquidation group is also different. Generally, when liquidation, the establishment of the liquidation group shall be in accordance with Article 184 of the Company Law. According to the provisions, the company establishes a clearing group within 15 days from the date of the dissolution. The liquidation team of the limited liability company consists of shareholders, and the liquidation team of the joint -stock company consists of a person or shareholder meeting. If the designated liquidation, in this article, when the dissolved company does not set up a liquidation group within the time limit stipulated by the law, the creditors apply for the settlement of the relevant personnel of the people’s court to form a liquidation group. Specifies that the shareholders and intermediaries can be carried out together, or they can be set up by the personnel of the intermediary agency. After the establishment of the liquidation team, the team leader should be elected, and then the discussion rules and conference systems in the clearing process should be formulated, and the work plan is prepared. The next step is the specific steps and methods of liquidation in the liquidation group. 2. The original legal representative of the company’s company shall be fully transferred to the company’s management rights to the clearing team. The contents that need to be transferred include but are not limited to: 1. The company’s official seal. After the company enters the liquidation No omissions of debt and debt litter; 3. Assets booking shall be registered in accordance with the classification of migrant assets and fixed assets; 4. Various legal documents such as contract documents and agreement shall be prepared; , Blank checks, etc.; 6. Famous rosses of employees, roster containing all personnel who are on -the -job and retirement, record in detail the situation of working age, type of work, employment form, wages and wages, social security arrears, etc. 7. Valted securities purchased by the enterprise The right to enjoy the intangible assets; 8. The historical archives of the enterprise and the other information that should be submitted. 3. Clean up the company’s property. First of all, the liquidation team should determine the scope of the company’s property. This property scope generally includes: all the property of the company’s management and management; the debt enjoyed by the company; the equity enjoyed by the company when it is dissolved; other property rights enjoyed by the company. Secondly, the liquidation team should take over the company’s property. Inspection and registration of the company’s physical and creditor’s rights; at the same time, confirm the claims enjoyed by the company; investigate the company’s foreign investment; register other rights of the company; finally, the company’s non -money property is estimated. Finally, the liquidation team shall request the owner of the owner of the clearing company to return the property. If the corresponding property cannot be returned, the corresponding holder can be required to settle the price; The “Company Law” and the requirements of relevant laws and regulations recycled foreign investment; it is instructed to pay the capital contributions that have not been paid or withdrawn from relevant shareholders. 4. The debt of the company’s debt company generally includes bank borrowing, payment of payment, paying payable, unpaid taxes, special payables, and other contract obligations. The confirmation and registration of the debt to take over the company’s debt is the most important task for the confirmation of debt to take over the debt. Usually, the reasons and basis for the debt generated should be reviewed, and the contracts generated by the corresponding debt should be reviewed. After the confirmation of the debt of the company’s debt without illegal contracts or the debt that should be borne by the company, the debt registration registered by the liquidation team will be obtained. 5. Establishing a liquidation account liquidation account should be established while the liquidation team takes over the company, because the liquidation team will have a liquidation fee at the beginning of the work. The company’s original account is based on normal production and operation. Therefore, the liquidation fee account and liquidation profit or loss account shall be established in a timely manner. 6. Notification or announcement of the creditor’s declaration of creditor’s rights, and Article 185 of the Certificate Registration “Company Law” stipulates: “The liquidation group shall notify the creditor within 10 days from the date of its establishment, and announce it on the newspaper within 60 days. Within 30 days from the date of the notice, within 45 days of the announcement of the notice of the notice, declare the claims to the liquidation group “, the main tasks of the liquidation group include: notification or notification of notify the creditors to declare the claim claims ; Register the declaration of claims, check whether there is a missed creditors; check the proof materials for the creditor’s claims. After the declaration is over, the liquidation team shall prepare the debt and debt inspection report form to facilitate timely collection of creditor’s rights, settle debts, and resolving disputes. 7. The company that handles the company related to liquidation is not settled, and the company’s creditor’s right liquidation team is collected in order to settle the company’s unfinished business and end the company’s various legal relations. Operating activities. The main tasks of the clearing team in this link include: to clean up the contracts that have not been fulfilled in order to settle the company’s existing business, including continuing to perform or terminate the performance or termination of the contract; collect receivables, recover claims; represent the company participating in civil lawsuits on behalf of the company to participate in civil lawsuits Activity. Because different claims have different situations, different strategies should be specified to realize the recycling of claims.
The legal basis: “The Company Law of the People’s Republic of China” Article 185 The liquidation group shall notify the creditors within ten days from the date of establishment, and in the newspaper within 60 days announcement. Within 30 days from the date of receiving the notice, the creditors should notice the claims to the clearing group within 45 days of the announcement of the notice. Notify the creditors to declare the claims; register the claims, check whether there is a missed creditors; check the creditor’s claims, and check their proof materials. After the declaration is over, the liquidation team shall prepare the debt and debt inspection report form to facilitate timely collection of creditor’s rights, settle debts, and resolving disputes.
1. The first step of setting up the liquidation group company’s liquidation group is set up a clearing group. According to the types of liquidation, the establishment of the liquidation group is also different. Generally, when liquidation, the establishment of the liquidation group shall be in accordance with Article 184 of the Company Law. According to the provisions, the company establishes a clearing group within 15 days from the date of the dissolution. The liquidation team of the limited liability company consists of shareholders, and the liquidation team of the joint -stock company consists of a person or shareholder meeting. If the designated liquidation, in this article, when the dissolved company does not set up a liquidation group within the time limit stipulated by the law, the creditors apply for the settlement of the relevant personnel of the people’s court to form a liquidation group. Specifies that the shareholders and intermediaries can be carried out together, or they can be set up by the personnel of the intermediary agency. After the establishment of the liquidation team, the team leader should be elected, and then the discussion rules and conference systems in the clearing process should be formulated, and the work plan is prepared. The next step is the specific steps and methods of liquidation in the liquidation group. 2. The original legal representative of the company’s company shall be fully transferred to the company’s management rights to the clearing team. The contents that need to be transferred include but are not limited to: 1. The company’s official seal. After the company enters the liquidation No omissions of debt and debt litter; 3. Assets booking shall be registered in accordance with the classification of migrant assets and fixed assets; 4. Various legal documents such as contract documents and agreement shall be prepared; , Blank checks, etc.; 6. Famous rosses of employees, roster containing all personnel who are on -the -job and retirement, record in detail the situation of working age, type of work, employment form, wages and wages, social security arrears, etc. 7. Valted securities purchased by the enterprise The right to enjoy the intangible assets; 8. The historical archives of the enterprise and the other information that should be submitted. 3. Clean up the company’s property. First of all, the liquidation team should determine the scope of the company’s property. This property scope generally includes: all the property of the company’s management and management; the debt enjoyed by the company; the equity enjoyed by the company when it is dissolved; other property rights enjoyed by the company. Secondly, the liquidation team should take over the company’s property. Inspection and registration of the company’s physical and creditor’s rights; at the same time, confirm the claims enjoyed by the company; investigate the company’s foreign investment; register other rights of the company; finally, the company’s non -money property is estimated. Finally, the liquidation team shall request the owner of the owner of the clearing company to return the property. If the corresponding property cannot be returned, the corresponding holder can be required to settle the price; The “Company Law” and the requirements of relevant laws and regulations recycled foreign investment; it is instructed to pay the capital contributions that have not been paid or withdrawn from relevant shareholders. 4. The debt of the company’s debt company generally includes bank borrowing, payment of payment, paying payable, unpaid taxes, special payables, and other contract obligations. The confirmation and registration of the debt to take over the company’s debt is the most important task for the confirmation of debt to take over the debt. Usually, the reasons and basis for the debt generated should be reviewed, and the contracts generated by the corresponding debt should be reviewed. After the confirmation of the debt of the company’s debt without illegal contracts or the debt that should be borne by the company, the debt registration registered by the liquidation team will be obtained. 5. Establishing a liquidation account liquidation account should be established while the liquidation team takes over the company, because the liquidation team will have a liquidation fee at the beginning of the work. The company’s original account is based on normal production and operation. Therefore, the liquidation fee account and liquidation profit or loss account shall be established in a timely manner. 6. Notification or announcement of the creditor’s declaration of creditor’s rights, and Article 185 of the Certificate Registration “Company Law” stipulates: “The liquidation group shall notify the creditor within 10 days from the date of its establishment, and announce it on the newspaper within 60 days. Within 30 days from the date of the notice, within 45 days of the announcement of the notice of the notice, declare the claims to the liquidation group “, the main tasks of the liquidation group include: notification or notification of notify the creditors to declare the claim claims ; Register the declaration of claims, check whether there is a missed creditors; check the proof materials for the creditor’s claims. After the declaration is over, the liquidation team shall prepare the debt and debt inspection report form to facilitate timely collection of creditor’s rights, settle debts, and resolving disputes.
7. The company that handles the company related to liquidation is not settled, and the company’s creditor’s right liquidation team is collected in order to settle the company’s unfinished business and end the company’s various legal relations. Operating activities. The main tasks of the clearing team in this link include: to clean up the contracts that have not been fulfilled in order to settle the company’s existing business, including continuing to perform or terminate the performance or termination of the contract; collect receivables, recover claims; represent the company participating in civil lawsuits on behalf of the company to participate in civil lawsuits Activity. Because different claims have different situations, different strategies should be specified to realize the recycling of claims.
The legal basis:
“The Company Law of the People’s Republic of China” Article 185 The liquidation group shall notify the creditors within ten days from the date of establishment, and in the newspaper within 60 days announcement. Within 30 days from the date of receiving the notice, the creditors should notice the claims to the clearing group within 45 days of the announcement of the notice. Notify the creditors to declare the claims; register the claims, check whether there is a missed creditors; check the creditor’s claims, and check their proof materials. After the declaration is over, the liquidation team shall prepare the debt and debt inspection report form to facilitate timely collection of creditor’s rights, settle debts, and resolving disputes.