What to do if the company goes out of business, and what to do if the company goes out of business

Legal persons do not bear criminal liability, and most of the current companies are limited liability companies, that is, the boss legal person only bears limited liability.

If the company goes bankrupt, the only way to exchange debts is to auction off the assets of the enterprise, and how much can be exchanged, and the assets of the enterprise are sold off, regardless of whether they are paid off or not, and the liability of the legal person ends here.

If the employer goes bankrupt in accordance with the law, the labor contract shall be terminated and the employer shall pay economic compensation. Legal basis: Article 44 of the Labor Contract Law [Termination of Labor Contract] The labor contract shall be terminated under any of the following circumstances:

1) The expiration of the labor contract;(2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;(3) The worker dies, or is declared dead or missing by the people's court;(4) The employer has been declared bankrupt in accordance with law;(5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;(6) Other circumstances provided for by laws and administrative regulations.

As long as he does not break the law or commit fraud, he will not be held criminally liable for the amount of money sold by the factory after bankruptcy.

There's a lot of this happening now. Many businesses have no choice. Because the money owed is not enough for the cost of the lawsuit.

Theoretically, it is the law that holds them accountable. As for what responsibility it is, it depends on the ability. Even the enforcement of the court does not necessarily treat him well.

Look at the amount, the amount will be sued if the amount is large, and the bad debt treatment may be done if the amount is small.

When the company goes bankrupt, a liquidation group should be established first, and after the liquidation group is established, the liquidation group will clean up the company's property and prepare a balance sheet and a list of the wealth and propertyThen notify and announce the creditors;Next, the liquidation group shall liquidate the bankruptcy property, and after the distribution of the bankruptcy property, the liquidation group shall report to the people's court on the liquidation and distribution work, and apply to the people's court to rule that the bankruptcy is terminated, and the unpaid creditor's rights shall not be repaid.

After the liquidation is completed, the company shall be deregistered for industry and commerce. Specifically, the following write-off work is required:

1. Go to the Social Security Bureau to check whether there are any outstanding social security fees, and then cancel the company's social security.

2. Go to the tax bureau to check whether there are any unpaid taxes or fees, and then cancel the company's national and local taxes.

3. In the newspaper, the company needs to publish a notice on its own to announce that the company is about to be cancelled.

4. Go to the industrial and commercial bureau to handle the company's cancellation of the record and cancel the business license.

5. Go to the opening bank to cancel the company's account opening license and other accounts such as the basic bank account.

6. Go to the Quality Supervision Bureau to cancel the company's license, such as the production license.

7. Go to the public security organ. Cancellation of the company seal.

Legal basis] Article 183 of the Company Law, if a company is dissolved due to the provisions of Article 180 (1), (2), (4) and (5) of this Law, a liquidation group shall be established within 15 days from the date of occurrence of the cause of dissolution and liquidation shall begin. The liquidation group of a limited liability company is composed of shareholders, and the liquidation group of shares is composed of directors or persons determined by the general meeting of shareholders. If a liquidation team is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation.

The people's court shall accept the application and promptly organize a liquidation team to conduct liquidation.

The definition of a company's unbridled and imminent bankruptcy is mainly whether it can be divided into the following two situations: The first category: The assets of the enterprise legal person can pay off all debts, but the company can no longer operate the company due to various reasons such as operation, and the company can be dissolved by resolution of the shareholders' meeting.

Category 2: If the enterprise legal person is unable to pay off the debts due and the assets are insufficient to pay off all the debts or obviously lacks the ability to pay off, the debts shall be liquidated in accordance with the provisions of the law. For the second category, the debtor or creditor can apply to the people's court for bankruptcy or reorganization, and secondly, the debtor can also apply for reconciliation to the people's court.

According to the law, if a company declares bankruptcy, it shall continue to pay off the following debts: wages, medical treatment, disability allowances, and bereavement expenses owed by the bankrupt person to the bankrupt person, basic pension insurance and basic medical insurance expenses that should be transferred to the personal accounts of the employees, and other compensation that shall be paid to the employees according to laws and administrative regulations. Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall be repaid in the following order after the bankruptcy expenses and common debts are paid off on a priority basis:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations; (2) The social insurance fees and taxes owed by the bankrupt person other than those provided for in the preceding paragraph; (3) Ordinary bankruptcy creditor's rights. If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed according to the rules of the rollover. The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

Summary. Hello, if the company goes bankrupt, you can apply to the court for bankruptcy liquidation.

Hello, if the company goes bankrupt, you can apply to the court for bankruptcy liquidation.

What should I do if the old company still has its name on it and the new company cannot buy social security?

According to Article 107 of the Law of the People's Republic of China on the Bankruptcy of State-owned Enterprises, if the people's court declares the debtor bankrupt in accordance with the provisions of this law, it shall serve it on the debtor and the administrator within 5 days from the date of the ruling, and notify the known creditors within 10 days from the date of the ruling, and make an announcement.

Broadly speaking, for this problem, you can bring your ID card and the labor contract of the former company Machang to the Sheyan Mill Insurance Bureau where the original unit paid social security to apply for compulsory reduction, and then the new unit can pay.

How long does it take to apply for mandatory attrition, and what information do you need, the company just announced its closure.

What materials can you provide now?

According to the labor law of our country, if an employee works for more than half a year, he or she will be compensated for one month's salary. In other words, when the company is dissolved, in addition to paying the wages due, there must be corresponding compensation.

In case of unfortunate encounters with the collapse of the enterprise and does not get wages and compensation, do not consider yourself unlucky, and take up the law to protect your legitimate rights and interests.

1. The company's liquid Qingpei announced the bankruptcy reorganization after the treatment.

1. After bankruptcy reorganization, the company may carry out bankruptcy liquidation, the company will auction off all the assets of the enterprise to pay off all the liabilities, and then if there are still more assets and all shareholders will be distributed according to the proportion of shareholdings, then it means that the company has completely withdrawn from the market.

2. The company may also be transferred to the three-board market for trading, but for investors, whether they are trading on the old three-board or not, it is equivalent to delisting. If the company is profitable on the Old Third Board for three consecutive years in the future, it can apply for trading on the main board.

Usually, bankruptcy reorganization will most likely lead to losses for investors, so they can sell them during the delisting period, so as to recover a little loss.

2. Transfer of equity during bankruptcy reorganization.

During the reorganization period, the debtor's property and business affairs are the overall responsibility of the reorganization, and the investors have lost the right to decide on the debtor's affairs, so the debtor's investors may not request the distribution of investment income.

In addition, during the reorganization period, if the investor is allowed to transfer equity, it will lead to a large increase in the debtor's financial difficulties, which will directly affect the progress of the reorganization procedure. In addition, if the debtor's directors, supervisors, and senior management are allowed to transfer their equity, they will use various means to evade their responsibilities.

Therefore, Article 76 of the Enterprise Bankruptcy Law stipulates that during the reorganization period, the debtor's investors may not request the distribution of investment income. During the reorganization period, the directors, supervisors and senior managers of the debtor shall not transfer their equity interests in the debtor to a third party.

However, with the consent of the people's court, this is not the case. This provision is conducive to maintaining the stability of the debtor, and at the same time, it is also conducive to the debtor's senior management personnel to continue to do their best to serve the debtor because they have an interest in the debtor.

However, it should be noted that the law does not impose restrictions on the transfer** of all shareholders. That is to say, the shareholder can transfer the ** held by the shareholder without the above status.

If the company goes bankrupt, it shall pay economic compensation to the labor credit matcher. According to the relevant laws and regulations, the amount of compensation is determined according to the number of years of service in the company, and the longer you work, the more compensation you will get. For those who have worked for less than half a year, there is also a compensation of half a month's salary.

A company can file for bankruptcy under statutory circumstances.

Enterprise Bankruptcy Law of the People's Republic of China

Article 116.

After the bankruptcy property distribution plan is approved by the people's court, it shall be implemented by the administrator.

If the administrator implements the interim distribution of Duotan in accordance with the bankruptcy property distribution plan, it shall announce the amount of property and creditor's rights distributed this time. Where managers carry out the final distribution, they shall indicate it in the announcement and indicate the matters provided for in paragraph 2 of article 117 of this Law.

Enterprise Bankruptcy Law of the People's Republic of China

Article 120.

If the bankrupt person has no property to distribute, the administrator shall request the people's court to rule to terminate the bankruptcy proceedings.

After the final distribution is completed, the administrator shall submit a report on the distribution of bankruptcy property to the people's court in a timely manner and request the people's court to rule on the termination of the bankruptcy proceedings.

The people's court shall, within 15 days from the date of receipt of the administrator's request to terminate the bankruptcy proceedings, make a ruling on whether to terminate the bankruptcy proceedings. Where the ruling is concluded, it shall be announced.

Labor Contract Law of the People's Republic of China

Article 50. The employer shall issue a certificate of dissolution or termination of the labor contract when the employee terminates the labor contract or the imitation refers to it, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.