In the case of no announcement or liquidation of the company, the shareholder shall bear the legal responsibility. This part of business access to archives, archives have debts of the unit or the business sector will not bear, the cancellation of the former permitted company. May request the creditor and the debtor to bear the corresponding responsibility. Therefore, we should pay close attention to and attach importance to the relevant issues concerning cancellation of the company's liquidation.
I. The composition and functions of the cancelled liquidation group
1, the composition of the liquidation personnel. A limited liability company consisting of shareholders of Limited by Share Ltd, determined by the board of directors or shareholders of the General Assembly staff; does not form a liquidation group within 15 days for the emergence of the solution, creditors may apply to the people's court to designate relevant personnel to form a liquidation group.
2, the functions and powers of the liquidation committee. Clean up the property of the company, prepare a balance sheet and a detailed inventory of property; notify the creditors by notice or announcement; handling unfinished business; payment of taxes owed; clearing debts; the remaining treatment after paying off the debts of the company's property in civil proceedings on behalf of the company.
Two, the protection of creditors at the time of cancellation of the liquidation
1, the protection of the creditor's right to know. The liquidation team shall notify the creditor in the form of written notice or in the form of an announcement, and notify the creditor to declare his claim within the prescribed time. According to the written notice of the known creditors, the announcement for unknown creditors; the two side by side, can not replace each other.
2, the entity protection of creditor's right. When a company is in liquidation, it shall pay its debts in proportion according to the amount of the existing property, such as payment, liquidation expenses, wages and social security and taxes.
Three, joint and several liability of the liquidation group
1, the basis for responsibility. The liquidation group has not liquidation obligations or intentional misconduct or gross negligence caused by creditor losses, shall bear legal responsibility: if the recipients of company debt cancellation note commitment to bear joint liability; if intentional misconduct or gross negligence caused by creditor losses, shall be liable for damages.
2, the amount of responsibility. Generally speaking, the liability should not exceed the total amount of the creditor's rights; but, in view of the compensation liability, Zhang Zhisheng's lawyer thinks that the total amount of the creditor's rights can be exceeded: the losses caused by the liquidation are not predictable.
Four, the liquidation of the end
1, normal settlement. Clean up the property of the company, prepare a balance sheet and a detailed inventory of assets, to formulate a liquidation plan submitted to the shareholders meeting, the general meeting of shareholders or the people's court for confirmation; after treatment, property and debt in accordance with the law, after making a liquidation report delivery confirmation, the cancellation of registration of applicant company.
2, apply for bankruptcy. If the liquidation team finds that the company's property is not enough to pay off the debts, it shall file an application with the people's court for bankruptcy.