The main process of company liquidation and subsequent responsibility

  • Time: 2013-08-01 11:15:23
  • Source: SLEEING
  • Hit: 2629

The company liquidation, our law does not provide the liquidation period. But although the establishment of the liquidation group but deliberately delay liquidation, and illegal liquidation may seriously damage the interests of creditors or shareholders, creditors or shareholders may request the people's court to designate a liquidation group. The people's court organizes liquidation, the liquidation group shall complete the liquidation within six months from the date of establishment. Due to special circumstances can not be completed within six months of liquidation, the liquidation group shall apply to the people's court for extension.
After the completion of liquidation, the liquidation group shall formulate a liquidation report, submitted to the shareholders' meeting, shareholders' assembly or the people's court for confirmation, and the company registration authority. The liquidation group shall end the company since the date of liquidation for cancellation of registration within 30 days of the original company registration authority.
Company to apply for cancellation of registration, it shall submit the following documents: a company registration application signed by the person responsible for the cancellation of the liquidation group; the people's court decision of bankruptcy, dissolution judgment, the company in accordance with the "company law" to make the resolution or decision, the administrative organ shall order it to close down or company canceled files; shareholders, the general meeting of shareholders, a person the shareholders of limited liability companies with foreign investment, the board of directors of the company or the people's court, the company approval authorities for the record, a liquidation report confirmed by the "business license of enterprise legal person;"; other documents shall be submitted as stipulated by laws, administrative rules and regulations.
A wholly state-owned company to apply for cancellation of registration, should also be submitted to the state-owned assets supervision and management mechanism, wherein, a wholly state-owned company important as determined by the State Council, shall also submit the approval documents of the people's government at the corresponding level. A branch company to apply for cancellation of registration, shall also submit certificate of deregistration of the branch. The company registration authority for cancellation of registration, termination of the company.
Can not provide the company liquidation report, the court ruling the termination and liquidation liquidation affairs completion certificate, shareholders or third people can be responsible for clearing debts issued by the commitment document through undertake enterprise legal person registration form. But the cancellation of registration, the promise shall bear corresponding civil liabilities for the debts of the enterprise.

 

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