Classification
The basic classification of the liquidation of a company is
bankruptcy and liquidation. Bankruptcy liquidation refers to the
company fails to pay its due debts case, in accordance with the
bankruptcy law of liquidation. Companies act 191st stipulates:" the
company is declared bankrupt according to law, in accordance with
the law on enterprise bankruptcy bankruptcy liquidation". Non
bankruptcy liquidation refers to the company dissolution cases, in
accordance with the provisions of the company law of the
liquidation. This distinction is the main purpose of company
liquidation in accordance with the law of different. Upon
termination of the company, if the property is sufficient to repay
the debts, the liquidation liquidation, theoretically all creditors
can achieve, and often also exist for the distribution of surplus
property. Otherwise, if the property is insufficient to pay off all
the debts, it must be in accordance with the procedures for
bankruptcy liquidation liquidation in accordance with legal
procedures, and equitably principle discharged bankrupt enterprises
wages, labor insurance, taxes, bankruptcy, termination of the
company. Of course, in practice there are a kind of condition,
namely the company is terminated, yet due to liquidation, the
balance is not very clear, may start is non bankruptcy liquidation,
but after clearing the property of company and the creditor s
rights and debt relationships, found that its property is
insufficient to pay off all the debts, then, non bankruptcy
liquidation the program will not be carried on.wireless keyboards This requires a
liquidation organization or creditors in accordance with the
relevant provisions of the bankruptcy law of the people's Court of
bankruptcy liquidation proceedings, which consists of non
bankruptcy liquidation procedures into bankruptcy liquidation
proceedings. This company law the 188th stipulation:" the
liquidation group in liquidating the properties of the company,
prepare a balance sheet and a detailed inventory of assets, found
company property is insufficient to repay the debts, shall apply to
the people's court for a declaration of bankruptcy. The company is
approved by the people's court ruling declared bankrupt, the
liquidation group shall hand over the liquidation matters to the
people's court".
Significance
Pioneering work
Corporate governance structure can be established since human
society enters goods economy since the great pioneering work,
promoting economic and social development of the most powerful
locomotive. The modern company no matter how change the update, but
keep the huge attraction and exuberant vitality essence has not
changed. That is the essence of corporate governance of companies
partner with its contributive limited liability company, with its
assets is limited foreign responsibility.Production House
Despite the historical development company has unlimited GmbH &
Co Kg appear, but the author thinks, truly represents the
development direction of the company and promote the development of
the liability of the shareholder and corporate responsibility is
still the company limited. This responsibility system was
established the growth driving force behind, in fact, the modern
company governance structure in any case, will around the premise
to carry out. Tens of thousands of investors that funded the
establishment of the company or the equity investment, see the
company legal person system of the huge superiority. On the
investment itself, and the risk of the natural, sometimes because
of investment risk than investment in itself. Therefore, how to
reduce investment risk is that investors in the investment must be
taken into serious consideration, its efforts to reduce the
liability manner. At the same time relative trading parties also
has the risk,bridgestone and
to reduce the risk of chance, sometimes with the help of the
responsibility of the investor must expand to achieve. Therefore,
the establishment of the system of company is the outcome of the
game both sides, is a kind of transaction risk compromise. This
system set up a fair share of the main transactions risk burden.
However, look at a thing is
One must take into account the truth, when we eulogized the company
legal person system of the great advantages of.
Economic progress
We must also recognize that such a system is also a double-edged
sword, in promoting economic and social progress, to create wealth
at the same time, also in the sharp cut kill a commercial society
in good the other party of the transaction. The fact is also
precisely so, the company legal person system malpractice. This
shortcoming is that malicious investors abuse of corporate system,
damage relative trading parties, to obtain illegal interests. In
real life, the shareholders of the company makes false capital
contribution, to " empty-handed covers white wolf game", using the
company's personality can reap good, such as fast, but also with
the company legal person personality shield, he is safe and sound.
And shareholders '" to do a quick change trick", contributive,
smoke escape capital, transfer the property of the company, then a
property as a supporting shell companies throw a, laugh at the
creditors of the company on the shell company bashing. Can say,
every this a variety of bad behavior, are using the company
personality system essence. MotoGP In view of
the company legal person system malpractice, people also took
various measures to deal with. As the company legal person
personality denial system of company advocate, violations of the
establishment. These measures are of great advantages. However, all
shareholders by the company legal person system for social good
conditions, the utilization of the company will exist for a long
time, the company terminated nature often phenomenon, therefore,
the design of company liquidation of this important link in order
to solve the company abuses the last line of defense, and is a
right solution. Company liquidation is a systematic work, in the
company's liquidation process, can the company personality denial
system, tort claims act theory include.
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