Before the company is canceled, it is necessary to set up a liquidation group, and submit a liquidation report, the company's real estate belongs to the company's property, it is necessary to deal with in the liquidation. It is rare that the property issue is involved only after the cancellation, after the cancellation of the original company there is no question of property.
1. liquidation of company property and formulate the liquidation program in the company write-off liquidation work, the company's liquidation group first of all called on creditors to declare their claims, at the same time to investigate and clean up the company's property.
According to the creditor's application and the results of the company's investigation and cleaning up the preparation of the company's assets, financial statements, property lists and catalog of debts. After preparing the above financial reports and financial information, the company liquidation group should formulate the liquidation program, and make specific arrangements for how to collect claims and settle debts.
The liquidation plan is a general plan for the liquidation of the company. Depending on the nature of the company, the liquidation group of the limited liability company shall submit the liquidation plan to the shareholders' meeting. The liquidation group of a limited liability company is composed of shareholders, so it does not have to be submitted to the shareholders' meeting for adoption separately.
Additionally, for the illegal dissolution of the liquidation of the company, the liquidation program needs to be submitted to the relevant competent authorities to confirm. In addition, if the company's property is found to be insufficient to settle debts, the liquidation group has the responsibility to immediately apply to the people's court with jurisdiction to declare bankruptcy. After being declared bankrupt by the ruling of the people's court, the liquidation group shall transfer the liquidation affairs to the people's court.
2. Understanding the company's specific claims and debts
During the liquidation of the company, no new business activities shall be carried out. However, the company liquidation group has the right to deal with the company's outstanding business for the purpose of liquidation. During the period of liquidation of the company, the liquidation group shall promptly demand from the company's debtors the settlement of the company's claims that have become due.
The debtor should be asked to settle the outstanding claims as early as possible, and if the debtor does not agree to settle the claims early, the liquidation group may assign the claims and other methods of liquidation in disguise.
Settlement of the company's debts, if the company's existing property and claims are greater than the debts owed, and sufficient to repay all the company's debts, the debts should be paid to the creditors in accordance with the statutory order.
3. Distribution of the remaining property of the company to the shareholders After the company has paid off all the debts of the company, if there is still a surplus of the company's property, the liquidation group set up during the period of the company's cancellation of the company can distribute the surplus property to the shareholders.
Expanded Information:
Deregistration Material
Application for deregistration of a company before the company should carry out Liquidation of the company, the company can enter the company after the completion of the liquidation of the application process for cancellation, after the liquidation, before the cancellation of the company needs to issue and prepare the following reports:
1, the person in charge of the company's liquidation group or the company's legal representative signed the "application for registration of the company's cancellation";
2, the members of the liquidation group, "filing the confirmation of the application";
3, the court's decision on bankruptcy, the administrative organ Documents ordering the closure of the company or the company's resolution in accordance with the Company Law;
Limited liability companies to submit the resolution of the shareholders' meeting, limited liability companies to submit the resolution of the general meeting of shareholders. A limited liability company shall be signed by the shareholders representing more than two-thirds of the voting rights, and if the shareholders are natural persons, they shall sign in person, and the shareholders other than natural persons shall affix the official seal; a joint-stock company shall be affixed with the official seal by the promoters representing more than two-thirds of the voting rights, or the presiding officer of the shareholders' general meeting shall sign and confirm with the signatures of the directors attending the meeting.
Sole state-owned limited liability company to submit the documents of the contributor or the contributor's authorized department.
If the company's registration is revoked by the company registration authority in accordance with the law due to violation of the relevant provisions of the "Regulations on the Administration of Company Registration", the decision of the company registration authority to revoke the company's registration shall be submitted.
4, the liquidation report confirmed by the shareholders' meeting or the relevant authorities;'
5, the newspaper specimen in which the notice of cancellation is published;
6, other documents required to be submitted by the laws and administrative regulations;
Wholly state-owned companies shall also submit the decision of the state-owned assets supervision and management agency, among which, the State Council determines that the important wholly state-owned companies, shall also submit the approval documents of the people's government at this level.
Domestic enterprise that the registered capital from the Chinese mainland enterprises, so the domestic cancellation process applies to the practice of most of the companies need to cancel the company, the steps and materials required are as follows:
One of the newspaper
In the liquidation of the company during the period of the newspaper can be published in the newspaper, you need to be in the local industrial and commercial bureau of the newspaper for publication, the domestic enterprises only need to be published once, the foreign enterprises need to be published three times. The best choice is to choose a daily newspaper for publicity. It is best to choose a daily newspaper for publicity, and the notice of cancellation needs to be publicized for at least 45 days.
Required materials:
Copy of the company's business license, copy of the company's board of directors or shareholders' meeting resolution
Copy of the legal representative's ID card
Contents of the announcement
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