How to divide the property of the company s dissolution and how to distribute the property of the co

Updated on society 2024-02-25
4 answers
  1. Anonymous users2024-02-06

    After the company is declared bankrupt or dissolved, if the liquidation team of the company confirms that the company's existing assets and creditor's rights are greater than the debts owed and sufficient to repay all the debts of the company after clearing the company's property and preparing the balance sheet and property list, the company's liquidation team shall pay off the debts to the creditors in accordance with the statutory order. First of all, the company should pay the liquidation costs, including the expenses required for the evaluation, custody, sale and distribution of the company's property, the cost of public announcement, the remuneration of the members of the liquidation team, the fees of the entrusted certified public accountants and lawyers, and the litigation costs. secondly, pay employees' wages and labor insurance premiums; Again, pay the taxes owed; Finally, there is the repayment of other corporate debts. When settling your company's debts, you should pay attention to the following:

    Clause. 1. There has always been no strict order and order to repay the company's debts, but the company's property must be able to pay off the company's debts; Clause.

    2. Before the expiration of the time limit for reminding creditors to declare, the company is generally not allowed to pay off debts in advance; Clause.

    3. Before the company has paid off all the company's debts, the company's property shall not be distributed to the company's shareholders. Distribution of the company's remaining property After the company has paid off all the company's debts, if the company's property is still left, the liquidation group can distribute the company's remaining property to shareholders. Legal basis:

    Article 195 of the Company Law of the People's Republic of China provides that a limited liability company shall be distributed according to the proportion of capital contribution of each shareholder; Shares**** are distributed according to the proportion of shares held by each shareholder. Obtaining the right to distribute the company's remaining property is an important part of the company's shareholders' right to self-benefit and is the basic right of the company's shareholders.

  2. Anonymous users2024-02-05

    The money you contributed as a shareholder has been converted into the company's property and cannot be returned, and can only be settled in the company's liquidation according to the proportion of the capital contribution.

  3. Anonymous users2024-02-04

    According to the articles of association, if not, it will be divided according to the proportion of equity, and of course, the debts need to be repaid first before distribution.

  4. Anonymous users2024-02-03

    According to the relevant provisions of China's "Company Law", the company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders.

    Company Law of the People's Republic of China

    Article 186 After liquidating the company's property and compiling the balance sheet and property list, the liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation.

    The company's property is distributed according to the proportion of shareholders' capital contribution, and the shares are distributed according to the proportion of shares held by shareholders.

    During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation. The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.

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