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The process of property liquidation? – europuppyblog

3 thoughts on “The process of property liquidation?”

  1. Specific procedures for asset liquidation:
    . The shareholders will make a decision to dissolve the company;
    within the 2nd and 15th day of the liquidation group to start liquidation;
    R n (1) Clean up the company’s property, and compile the balance sheet and the list of property respectively;
    (2) Notice and announcement creditor;
    (3) the business that handles companies related to liquidation;
    (4) The taxes that are owed to the payment and the tax incurred during the liquidation process;
    (5) Cleanishment of creditor’s rights and debt;
    (6) The remaining property after the company’s debt is paid;
    (7) represents the company’s participation in civil litigation.
    The clearing group shall notify the creditors within ten days from the date of establishment and announce in the newspaper within 60 days. Within 30 days from the date of receiving the notice, creditors shall declare their claims to the clearing group within 45 days from the date of announcement.
    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.
    Legal basis: Article 183 of the Company Law
    The item (1), (2), (4) item (4), (4) of the company If the (5) item regulations dissolve, the liquidation group should be established within 15 days from the date of the disbanding and starts liquidation.
    The liability company’s liability team consists of shareholders, and the liquidation team of the joint -stock company consists of a person or shareholder meeting.
    If off the liquidation group for overdue, the creditors may designate the relevant personnel to form a clearing group for liquidation. The people’s court shall accept the application and organize the liquidation group to liquidate in a timely manner.

  2. The company’s liquidation is divided into three different types, and the specific procedures for liquidation are also different.
    . Bankruptcy liquidation
    1. Bankruptcy announcement
    “The Bankruptcy Law of the Enterprise of the People’s Republic of China” stipulates that the bankruptcy announcement shall be delivered within five days from the date of the people’s court’s ruling. The debtor and manager notified the known creditors within ten days from the date of the ruling and announced it.
    2. The price change plan of bankruptcy property
    “The Bankruptcy Law of the Enterprise of the People’s Republic of China” stipulates that the bankruptcy property change plan shall be drafted and submitted to the creditors’ meeting for discussion.
    3, the price change
    “The Bankruptcy Law of the Enterprise of the People’s Republic of China” stipulates that the administrator sells bankruptcy property by the bankruptcy property of the bankruptcy property approved by the creditor’s meeting or ruled by the people’s court, and uses the auction price to change the price of bankruptcy property. Essence Except for the creditor’s meeting.
    4. Clearance
    “The Bankruptcy Law of the Enterprise of the People’s Republic of China” stipulates that if the bankruptcy property is settled in accordance with the following order, the bankruptcy property is not enough to settle the same order of settlement requirements.
    (1) bankruptcy costs and co -benefit debt;
    (2) The wages and medical care, disability subsidies, and pension costs owed by the employees owed by the bankruptcy, and the basic pension insurance shaped shall be included in the employee’s personal account The cost of basic medical insurance, as well as compensation that the laws and administrative regulations should be paid to employees. The salary of the directors, supervisors and senior managers of the bankruptcy enterprise is calculated in accordance with the average salary of the employees of the enterprise;
    (3) the taxes owed by the social insurance and bankruptcy owners except the preceding paragraph of the bankruptcy;
    (4) Ordinary bankruptcy claims.
    5, end
    “The Bankruptcy Law of the People’s Republic of China Enterprises” and Article 121 stipulates that after the company has no property to be distributed or finalized, the manager invites the people to ask the people The court ruled that the bankruptcy procedure was ended. The people’s court ruled that the bankruptcy procedure should be announced.
    The days from the end of the end of the bankruptcy procedure, the manager held the ruling of the People’s Court to end the bankruptcy procedure and apply for the cancellation of the original registration authority of the bankrupt.
    . Non -bankruptcy liquidation
    1, liquidation company’s property, formulating a liquidation plan
    “The Company Law of the People’s Republic of China” Article 186 stipulates that the liquidation team is cleaning up the company’s property and preparing assets After the liability statement and property list, the liquidation plan shall be formulated.
    (1) Investigation and cleaning up the company’s property. The liquidation team prepared the company’s balance sheet, property list and debt and debt directory based on the credit of the creditors’ declaration and investigation and cleaning up the company’s property.
    (2) Make a liquidation plan. After preparing the company’s financial accounting report, the liquidation team should formulate a liquidation plan and propose specific arrangements for collecting claims and settlement of debt.
    (3) Submit the shareholders’ meeting to pass or report to the competent authority to confirm. For the company’s liquidation plan, the company should submit the liquidation plan to the shareholders ‘meeting; the limited liability company shall pay the shareholders’ meeting. Companies that dissolve the liquidation due to illegal liquidation, the liquidation scheme also submits relevant competent authorities to confirm.
    (4) If the liquidation team finds that the company’s property is insufficient to pay off debts when the company’s property is cleaned up, and the balance sheet and property list are found. The liquidation team will immediately apply for bankruptcy to the people’s court with jurisdictions. After the people’s court ruled that after bankruptcy, the liquidation team shall transfer the liquidation affairs to the people’s court.
    2. The company’s creditor’s rights, debt
    (1) handle the company’s unfinished business. Article 186 of the “Company Law of the People’s Republic of China” stipulates that during the liquidation period, the company shall not carry out new business activities. However, for the purpose of liquidation, the liquidation team has the right to handle the company that has not yet ended.
    (2) Receive corporate debt. The liquidation team shall promptly ask the company’s debtor to pay off the company’s debt that has expired. For non -expired corporate claims, the debtor shall be required to settle in advance as much as possible. If the debtor does not agree to settle in advance, the liquidation team may settle in disguise by transferring claims and other methods.
    (3) Clear corporate debt. After cleaning up the company’s property, preparing the balance sheet and the list of property, the company confirms the company’s existing property and debt than the debt owed, and is enough to repay the company’s entire debt.
    First of all, the company’s liquidation costs should be paid, including the cost of the company’s property evaluation, storage, selling and distribution, etc., announcement costs, remuneration of members of the liquidation team, the cost of entrusting the registered accountant, lawyer, and litigation costs, etc. ; Secondly, pay the salary, social insurance costs and legal compensation of employees; again, pay the owed tax; and finally repay other corporate debts.
    Is when setting up the company’s debt, the following three points should be paid to:
    a, repay the company’s debt, generally there is no order, but the company’s property must be able to pay the company’s debt; Before the expiration of the session, the company generally cannot settle the debt first;
    c, before setting up all the company’s debt, shall not allocate the company’s property to the company’s shareholders.
    Plashing groups should formulate a clearing plan after cleaning up the company’s property, preparing the balance sheet and property list, and report to the shareholders ‘meeting, the shareholders’ meeting or the people’s court to confirm.
    The company property pays the liquidation costs separately, pays the owed tax, settled the remaining property after the company’s debt, and the limited liability company is allocated according to the proportion of shareholders’ capital contribution.
    During the liquidation period, 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 setting up the previous paragraph.
    3. Allocated the remaining property of the company
    In Article 187 of the “Company Law of the People’s Republic of China”, the remaining property of the company after the company’s debt was settled, and the limited liability company distributed in accordance with the proportion of shareholders’ capital contribution ratio. It is an important part of the company’s shareholders ‘equity and the basic right of the company’s shareholders in accordance with the shareholders’ proportion of shares held by shareholders.
    three, free liquidation
    free liquidation generally does not have the procedures. Free liquidation is also called arbitrary liquidation, which refers to liquidation conducted by the company in accordance with the will of the shareholders and the provisions of the company’s articles of association. This kind of liquidation can be destroyed by the end of the liquidation regardless of whether it can be settled in full. Any liquidation is usually suitable for two -in -law and unlimited companies.

  3. The first step of the company’s liquidation general process (1) Establishing a clearing group company liquidation is to set up a liquidation group. According to the different types of liquidation, the establishment of the liquidation group is also different. Generally, when the self -liquidation is cleared, the establishment of the liquidation group shall be based on the company. The provisions of Article 184 of the Law, the clearing group was established within 15 days from the date of the dissolution. The liability company’s 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 liquidation team. The contents that need to be transferred include but are not limited to: 1. The company’s official seal. The debt of the debt without omissions; 3. The asset book should 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; Voucher, blank checks, etc. 6. Roster of employees, roster containing all personnel of employees and retirement, record in detail the situation of working age, type of work, employment form, wages and wages, social security arrears, etc. Securities, 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, the liquidation group

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