Property to take over and recovery in the process of corporate dissolution and liquidation

  • Time: 2013-08-01 11:20:54
  • Source: SLEEING
  • Hit: 2594

1, the property to take over
In general, ordinary liquidation after the start, the liquidation group shall timely take over (one) enterprise property and inventory, in order to confirm the actual assets status, and to provide the basis for valuation of property and processing. On the basis of the inventory of property, the liquidation group (person) shall prepare a balance sheet and a list of property and other forms, once found the enterprise failed to repay debts, except as otherwise provided for by law, shall promptly report to the people's court for a declaration of bankruptcy. Enterprises by the people's court shall declared bankrupt, the liquidation group shall hand over the liquidation matters to the people's court.
2, the property to recover
The liquidation group in ordinary liquidation (people) should be representative of the enterprise to the enterprise the debtor creditor. For the expired creditor shall immediately charge, do not take the initiative to repay the debt problem or the debtor, the liquidation of enterprises should promptly filed a lawsuit to seek judicial relief. If the debtor bankruptcy or liquidation, the liquidation group shall (people) in the name of the enterprise to declare the creditor's rights. For uncollectible or charge exorbitant cost of creditor's rights, shareholders to explain the reasons and treatment scheme. For the outstanding debt or conditional claims, may transfer, cancellation, or require the debtor after deducting the early cases of interest to be fulfilled.
The directors, supervisors and senior managers, illegal occupation of the property of the enterprise, the liquidation group (people) have the right to request the return of the enterprise, thus to cause damage, has the right to request it to bear the liability for damages.
For the limited liability company, the liquidation group (people) have the right to request does not perform or improper performance of the obligation of capital contribution of the shareholders to invest, the other promoters shall bear joint and several liability; for the unlimited liability of enterprises, the existing property is insufficient to pay off the debt, may require businesses to sponsor shall bear unlimited joint and several liability.

 

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