In the New Year, I wish the company a century-old store and a wide range of financial resources. What are the new regulations for the dissolution and liquidation of companies under the newly revised Company Law? Its shining point and focus are in**? The author summarizes the following points for netizens' reference.
The first is to add a simple cancellation, which makes it faster to deregister the company
Article 240 of the newly revised Company Law regulates simplified deregistration. Simple cancellation should be paid attention to by netizens:
First, the conditions for simple cancellation. All shareholders promise that the company has not incurred debts during its existence, or has paid off all debts.
Second, simply cancel the liability assumed by shareholders. If the promise is untrue, it shall be jointly and severally liable for the debts before the cancellation of registration.
The third is the simple cancellation process. It shall be announced through the national enterprise credit information publicity system, and the period for the announcement is not less than 20 days. After the expiration of the announcement period, if there is no objection, the company may apply to the company registration authority for cancellation of the company registration within 20 days.
The second is to add compulsory deregistration, giving the registration authority statutory powers
Article 241 of the newly amended Company Law regulates compulsory deregistration. We need to grasp three points:
First, the scope of application of compulsory deregistration: a company whose business license has been revoked, ordered to close down or revoked, and has not applied to the company registration authority for cancellation for three years.
Second, the process of compulsory deregistration: the company registration authority may make an announcement through the national enterprise credit information publicity system, and the announcement period shall not be less than 60 days. After the expiration of the announcement period, if there is no objection, the company registration authority may cancel the company registration.
Third, the second paragraph of Article 241 of the newly amended Company Law stipulates that the liability of the shareholders and liquidation obligors of the original company for compulsory deregistration of the company shall not be affected and shall still be borne.
The third is to clarify the liquidation obligor and add the statutory liability for the liquidation obligation
Paragraph 1 of Article 232 of the newly amended Company Law stipulates that, except for the reasons for the dissolution of a merger or division company, unless the articles of association or the resolution of the shareholders' meeting elect another person, the directors who are the liquidation obligors of the company shall form a liquidation group within 15 days from the date of the occurrence of the reasons for dissolution for liquidation.
Paragraph 3 of Article 232 of the newly amended Company Law clearly states that if a liquidation obligor fails to perform its liquidation obligations in a timely manner, causing losses to the company or creditors, it shall be liable for compensation.
Article 238 of the newly amended Company Law clearly states that the members of the liquidation group shall have a duty of loyalty and diligence in performing their liquidation duties. If a member of the liquidation group neglects to perform his or her liquidation duties and causes losses to the company, he or she shall be liable for compensation; If the creditor causes losses due to intentional or gross negligence, it shall be liable for compensation.
Fourth, clarify the period of publicity, and add a statutory publicity channel for the national enterprise credit information publicity system
Paragraph 2 of Article 229 of the newly amended Company Law provides that if a company has a cause for dissolution, the reason for dissolution shall be publicized through the national enterprise credit information publicity system within 10 days.
Paragraph 1 of Article 235 of the newly amended Company Law provides that the liquidation group shall notify creditors within 10 days from the date of establishment and make an announcement in a newspaper or the national enterprise credit information publicity system within 60 days.
The second paragraph of Article 240 of the newly revised Company Law provides that the cancellation of a company's registration through simplified procedures shall be announced through the national enterprise credit information publicity system, and the period of announcement shall not be less than 20 days.
Paragraph 1 of Article 241 of the Company Law has been newly amended, and if a company has had its business license revoked, ordered to close down or revoked, and has not applied to the company registration authority for cancellation of the company registration for three years, the company registration authority may make an announcement through the national enterprise credit information publicity system, and the announcement period shall not be less than 60 days.