2 thoughts on “What is the basic process of company liquidation?”

  1. According to the relevant legal provisions in the “Company Law of the People’s Republic of China” and the “Regulations on the Management of Company Registration and Management”, the specific liquidation procedures of the limited company are as follows:
    . Establish a liquidation group and handle the filing

    If the company is dissolved, the liquidation team shall record the list of members and the person in charge of the liquidation team from the company’s registration authority within 10 days from the date of establishment.
    This filing should be submitted to the following materials:
    1. The “Company Recruitment Application Form” signed by the person in charge of the company’s liquidation team; R n3, shareholders’ decisions on the establishment of the settlement group;
    4, the company’s “Business Legal Business License” copy copy.
    . Notice and announcement creditors

    The liquidation group shall notify the creditor within 10 within 10 days from the establishment of the establishment, and announce it in the newspaper within 60 days.
    The notification and announcement content shall include the company name, residence, legal representative, registration number, cancellation cause, liquidation start date, liquidation team and working address, time limit, place and precautions for declaration claims, etc.
    . Declaration and registration of claims

    The creditors shall not receive the notice within 30 days from the date of receiving the notice. The group declares its claims.
    The creditors to declare credits shall explain the relevant matters of the claims and provide proof materials. The liquidation team shall register the creditor’s rights.
    During the declaration of creditor’s rights, the liquidation team shall not settle the creditors.
    . Clean up the company’s property, compile the balance sheet and property list, and formulate a liquidation plan. The reporting shareholder will be reported or the court confirms
    . After the company’s property, the balance sheet and the property list are established The liquidation plan is reported to the shareholders ‘meeting, the shareholders’ meeting or the people’s court to confirm.
    5. Perform the liquidation scheme and allocate property.

    The clearing the company’s property according to the liquidation plan confirmed by the shareholders’ meeting. The legal distribution order of the company’s property is:

    1, payment of the liquidation fee;

    2, pay the salary, social insurance costs and legal compensation of employees;

    3. n5. The remaining property after the above payment is completed. Except for the company’s articles of association, the company is allocated according to the proportion of shareholders’ capital contribution.

    This During the liquidation, the company continues, but it is not allowed to carry out business activities that are not related to liquidation. The company’s property shall not be assigned to shareholders before settlement is not settled in accordance with regulations.
    6. Prepare the liquidation report and report to confirm.
    In the company’s liquidation, the liquidation team should produce a liquidation report, and the reporting shareholders ‘meeting, shareholders’ meeting or the people’s court confirmed. The liquidation report should include the following:

    1, the debt and debt have been cleaned up;

    2, the salary of various taxes and employees has been settled; Agreement has been issued.
    7. Logging out

    1. Apply for cancellation registration.

    The days from the date of confirmation from the liquidation report, the liquidation team applied to the company’s registration authority for cancellation registration. If one of the following situations, the company’s liquidation team shall apply to the original company registration authority within 30 days from the date of the company’s liquidation:

    (1) The company is declared bankrupt in accordance with the law;

    (2), the expiration of the business period stipulated in the company’s articles of association or other dissolution stipulated by the company’s articles of association occurs, except for the company’s continuity through modification of the company’s articles of association; The resolutions of the resolution or the one -person limited liability company decide to dissolve;

    (4), the business license is revoked in accordance with the law, ordered to close or was revoked;

    (5), the people’s court Disaptation according to law;

    (6) Other dissolution stipulated in laws and administrative regulations.

    2. The document should be submitted for application for cancellation registration.

    This application registration shall be submitted to the following materials:

    (1) “Application for the Registration of Enterprise Logging up” signed by the person in charge of the company’s liquidation team;

    (2), “Specifying (Commission) Book”;

    (3), the bankruptcy ruling of the people’s court, disbanding the referee documents, the company’s dissolution resolution or decision made by the company’s law, the administrative organ Order the document or the withdrawal of the company;

    (4), the shareholders of the shareholders’ meeting, the one -person limited liability company, or the people’s court, the company’s approval authority to record and confirm the liquidation report;

    (5) members of the liquidation group “Notice of Record Confirmation”;

    (6), “Business License of Enterprise Legal Person” Law and administrative regulations stipulate other documents that should be submitted;

    (8), wholly state -owned companies apply for cancellation registration, and should also submit a decision on state -owned asset supervision and management agencies. The company should also submit approved documents from the people’s government at the same level.
    The company companies with branches apply for cancellation registration, and shall also submit a certificate of cancellation of the branch company.

    In the registration of the registration authority approved the cancellation and registration, the announcement of the announcement of the announcement was terminated.
    The expansion information:

    1. After the company’s liquidation is dissolved or declared by the bankruptcy, the company’s affairs are settled in accordance with certain procedures, recovered the claims program of.
    2. The company needs to liquidate several situations:
    (1) The business license is revoked
    It if the enterprise has serious violations in the production and operation process The clearing team was established within 15 days from the business license for clearing.
    (2) The company announced bankruptcy
    Is after the company could not repay the debt and declared bankruptcy, the court organized a liquidation team to liquidate the company’s property.
    (3) The company’s cancellation
    If the business owner does not want to continue to operate and choose to actively cancel it, it also needs to be liquidated.
    In addition to these situations, the legal person becomes an illegal person, and the place of registration of the enterprise is also needed to liquidate.
    Reference information: China Court Network

  2. The basic process of Siqing’s calculation procedure
    The liquidation of the company refers to the company’s legal relationship as a party as a party after the company dissolves, and the company’s legal person qualifications are eliminated and eliminated. Crimine and debt relationships, etc. of cleaning and punishment.
    Ilads to the company’s bankruptcy liquidation by the “Bankruptcy Law” separately, this article only discusses the company’s non -bankruptcy liquidation company, so the company’s liquidation referred to in this article only refers to non -bankruptcy liquidation. Non -bankruptcy liquidation is generally liquidated in the case where the company’s assets can pay all debts. Non -bankruptcy liquidation includes two types: self -liquidation and specified liquidation. The basic procedures for the two types of liquidation are as follows:
    In the company’s dissolution, set up a clearing group. In the self -liquidation, the company sets up the clearing group by itself; in the designated liquidation, the people’s court applies for the establishment of the settlement group according to the relevant interested parties. After the establishment of the liquidation team, we will take over the company to clean up the company’s assets and repay the debt. If the company still has the remaining property after repaying all the debts of its assets, the investor of the limited liability company shall be distributed according to the capital contribution ratio and the shareholders will be assigned the remaining property according to the shareholders holding the shareholding ratio. The company’s cancellation registration, and the company’s legal personality was eliminated. We will explain the relevant process of liquidation in detail below.
    (1) Establishing a liquidation group
    The first step of the company’s liquidation is to set up a liquidation group. According to the types of liquidation, the establishment of the liquidation group is also different. Generally, when the liquidation group is cleared by itself, the liquidation group is in the clearing group. The establishment of the establishment shall be carried out in accordance with the provisions of Article 184 of the Company Law. The clearing group of the company will be established within 15 days from the date of the disbanding. Composition of personnel. 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) Pressing the company
    The original legal representative of the company shall be fully transferred to the company’s management rights to the clearing group. The use and custody of the company’s official seal; 2. The debt and debt of non -leakage; 3. The asset book should be registered in accordance with the classification of mobile assets and fixed assets; 5. Accounts, tickets, vouchers, blank checks, etc.; 6. Famous rosses of employees, roster including all staff on employment and retirement, in detail the situation of working age, type of work, employment, wages and salary arrears, social security arrears, etc. 7. The priced securities purchased by the enterprise, the right to enjoy the intangible assets; 8. The historical archives of the enterprise and the other information they should be submitted.
    (3) Clean up the company’s property
    First of all, the clearing group should determine the company’s property scope. This property scope generally includes: all the property of the company’s management and management; ; Other property rights enjoyed by the company.
    It, the liquidation team should take over the company’s property. Check 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 require the holders of the property of the liquidation company to return their property. If the corresponding property cannot be returned, the corresponding holder can be settled; It should be recovered strictly in accordance with the requirements of the “Company Law” and relevant laws and regulations; it shall be recovered by foreign investment; the relevant shareholders shall be contributed to the capital contribution that has not been paid or returned.
    (4) The company’s debt is taken over
    The debt of the company generally includes bank borrowing, payment of payment, wage payable, unpaid taxes, special payment, and other contractual 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
    The liquidation account should be set up while the liquidation group takes over the company, because the liquidation team will have a liquidation fee at the beginning. For conditions, the needs of the liquidation business cannot be met, so liquidation expense accounts and liquidation profit or loss accounts should be established in a timely manner.
    (6) Notification or announcement of the creditor’s declaration of claims and registering creditor’s rights
    “Company Law” Article 186 stipulates: “The liquidation group shall notify the creditors within 10 days from the date of establishment, and within 60 days, it shall be notified and within 60 days. Announcement on the newspaper. The creditor should be within 30 days from the date of receiving the notice, and the notice of the notice will be reported to the liquidation team to declare its creditor’s rights within 45 days. ” Including: notify or announce the creditor’s declaration of claims; register the claims, check whether there are missed creditors; check the creditor’s claims, and check their certification 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.
    (7) Treatment of the company that does not settle related to the company’s related companies, and collects the company’s creditor’s rights
    In order to settle the company’s unfinished business and end the company’s various legal relations, it can develop some necessary “for the sake of The business activities within the scope of the company’s business. 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’s participation in civil lawsuits Activity. Because different claims have different situations, different strategies should be specified to realize the recycling of claims.
    (8) Participating in the company’s litigation activities
    In the company’s cleanup activity, there will be no disputes with other related entities. To resolve disputes, the liquidation team can hire a lawyer to perform a lawsuit.
    (9) Treatment of the company’s property
    Because most of the company’s settlement in the liquidation is money settlement, it is necessary for the liquidation team to change the company’s corresponding assets and convert to currency forms.
    (10) Preparing the balance sheet and property list
    It after the company’s creditor’s rights are cleaned up, after the debt registration is clear and the property changes are completed, the liquidation team shall re -prepare the balance sheet and the property list. After the relevant reports are completed, if the company’s property can claim the company’s debt, it will be settled in the legal order; if it may not be enough to settle, the creditors will be notified in a timely manner to solve it. Clear activities and applied to the people’s court to declare bankruptcy.
    (11) Formulating the liquidation plan
    In the clearing group after the company’s property, the preparation of the balance sheet and the property list, the liquidation group shall formulate a liquidation plan and report to the shareholders ‘meeting of the liquidation company or the people’s court to confirm that the shareholders’ meeting or the shareholders ‘meeting or the people’s court will be confirmed that the shareholders’ meeting or the shareholders ‘meeting or the shareholders’ meeting or the shareholders ‘meeting or the shareholders’ meeting or the shareholders ‘meeting or the shareholders’ meeting or the shareholders ‘meeting or the shareholders’ meeting or the shareholders ‘meeting or the shareholders’ meeting or the people’s court. The people’s court has the right to make suggestions and opinions on the amendments to the liquidation plan, and it will be modified by the liquidation team until passed.
    (12) Confirmation and implementation of the liquidation plan
    In the solution formulated by the liquidation group is confirmed, the clearing group can be executed according to the liquidation scheme. According to the relevant provisions of the “Company Law” in my country, the order of settlement is generally (1) paying the liquidation fee; (2) paying the salary, social insurance costs and legal compensation; Debt; (5) allocate the remaining property.
    (13) Submit the liquidation report
    Pelasium after the clearing of the company, the liquidation team shall produce a clearing report, and produces the revenue and expenditure statements during the liquidation period and various accounts. The conference or government authorities will confirm the authenticity and legitimacy of these materials. The content of the liquidation report includes: (1) the cause and date of the company’s dissolution; (2) the composition of the liquidation group; (3) the form of liquidation; (4) the steps and arrangements of the liquidation; (6) The liquidation scheme; (7) the implementation of the liquidation scheme; (8) the members of the liquidation team perform their duties; (9) Other content that is necessary to explain.
    (14) Applying for cancellation registration
    This reporting reports during the liquidation report and liquidation period, and various account book volumes were confirmed by the competent government department of shareholders or state -owned companies in the state -owned company. The report is submitted to the company’s registration authority to apply for cancellation registration. After approval by the company’s registration authority, the announcement company terminated. If you want to know more, go to the forum of the enterprise consultation and authentication network, you will definitely gain.

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