In some cases, legal entities face the fate of dissolution. There are many circumstances under which a legal person may be dissolved, including the expiration of the period of existence stipulated in the articles of association of the legal person or the occurrence of other reasons for dissolution as provided for in the articles of association of the legal personThe authority of the legal entity decides to dissolve;Dissolution is required due to the merger or division of a legal person;The legal person has had its business license or registration certificate revoked in accordance with the law, and has been ordered to close down or be revoked;and other circumstances provided for by law.
In the event of the dissolution of a legal person, the liquidation obligor shall form a liquidation group to carry out liquidation in a timely manner, unless it is due to merger or division. If the liquidation obligor fails to perform the liquidation obligation in a timely manner and causes damage, it shall bear civil liability.
The liquidation obligor is usually a member of the executive or decision-making body such as the directors and directors of the legal person, and the competent authority or interested parties may apply to the people's court to designate relevant personnel to form a liquidation team for liquidation.
Article 71 stipulates that the liquidation procedures and functions and powers of the liquidation team of legal persons shall be in accordance with the provisions of the relevant laws;If there are no provisions, the relevant provisions of the applicable company law may be referred to.
During the liquidation period, the legal person may not engage in activities unrelated to the liquidation, although it exists.
The remaining property of a legal person after liquidation shall be disposed of in accordance with the provisions of the legal person's charter or the resolution of the legal person's authority. If the law provides otherwise, follow its provisions.
When the liquidation is completed and the deregistration of the legal entity is completed, the legal person is terminated;If the legal person is not required to register as a legal person by law, it is terminated at the end of the liquidation.
Quick Facts: Liquidation procedures of legal persons and the powers of the liquidation group.
The liquidation procedure of a legal person is an important step after the dissolution of a legal person, which aims to close all the business of the legal person and settle the creditor's rights and debts. The liquidation procedure includes the establishment of a liquidation group, the announcement of creditors, the formulation of a liquidation plan, the repayment of debts and the distribution of residual property. The liquidation team plays an important role in the liquidation process, and is responsible for the implementation of the liquidation plan, the management of residual property, and the resolution of creditor's rights and debts disputes.
The liquidation team has a wide range of powers in the liquidation process to ensure the smooth progress of the liquidation work. First of all, the liquidation group has the right to take over all the property, creditor's rights and debts of the legal person, and to conduct a comprehensive inventory and audit of the financial status of the legal person. Secondly, the liquidation group has the right to formulate a liquidation plan and adjust the plan if necessary. In addition, the liquidation team also has the right to participate in litigation and arbitration proceedings on behalf of the legal person to safeguard the legitimate rights and interests of the legal person.
In the process of liquidation, the liquidation team shall comply with laws and relevant provisions to ensure the legality and fairness of the liquidation work. At the same time, the liquidation group shall take effective measures to protect the property of the person and the interests of creditors to avoid losses and waste. If the liquidation team discovers that the legal person has violated the law or committed misconduct, it shall promptly report to the relevant departments and take corresponding legal measures.
In short, the liquidation procedure of a legal person and the functions and powers of the liquidation group are important links after the dissolution of a legal person. By carrying out the liquidation procedure in accordance with the law and exercising the functions and powers of the liquidation group, it can ensure that the property of the legal person is properly managed and protected, and at the same time safeguard the legitimate rights and interests of creditors. This is of great significance for maintaining the order of the market economy and social justice.