What are the main contents of the dissolution and liquidation of Sino foreign joint ventures?

Answer] :d This question examines the relevant provisions of the dissolution and liquidation of Sino-foreign joint venture service code operation enterprises. According to the regulations, if the joint venture is unable to repay the debts due, the creditors of the enterprise may apply to the court for a declaration of bankruptcy of the enterprise; Enterprises can also apply for bankruptcy on their own.

1.The enterprise has incurred serious losses and is unable to continue its operations;

2.Suffer serious losses due to force majeure such as natural disasters and teasing wars, and cannot continue to operate;

3.The joint venture has not achieved its business objectives, and at the same time, it has not sold Chunqin before development;

4.Other reasons for dissolution stipulated in the joint venture contract and articles of association have emerged.

Legal basisArticle 180 of the Company Law, a company is dissolved for the following reasons:

1) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution as stipulated in the articles of association;

2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;

3) The company needs to be dissolved due to merger or division;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) The people's courts are to be dissolved in accordance with the provisions of article 182 of this Law.

1.The enterprise has incurred serious losses and is unable to continue its operations;

2.Unable to continue operating due to serious losses due to force majeure such as natural disasters and wars;

3.The joint venture has not achieved its business objectives and has no future for development;

4.Other reasons for dissolution as stipulated in the joint venture contract and articles of association have emerged.

1. What is the matter with the registered capital of 00,000 yuan.

The registered capital of 00,000 yuan is a branch office, and it receives a "business license" instead of a "business license for enterprise legal person", and does not need capital verification.

The registered capital refers to the total amount of capital registered by the joint venture with the registration authority, and is the sum of the capital contributions that have been paid by the parties to the joint venture or promised to be paid by the joint venture. China's laws and regulations stipulate that before the establishment of a joint venture, the registered capital of the enterprise, the amount of capital contribution, the proportion of capital contribution, the proportion of profit distribution and loss sharing of each party to the joint venture must be specified in the contract and articles of association of the joint venture, and registered with the registration authority.

The concept of registered capital is very different from that of registered capital. The registered capital is the amount of property granted by the state to the enterprise legal person for operation and management or the amount of the enterprise legal person's own property.

2. How to inquire about the registered capital after the integration of the three certificates.

After the integration of the three certificates, the registered capital can generally be inquired on the credit network of the enterprise. The registered capital refers to the total amount of capital registered by the joint venture with the registration authority, and is the sum of the capital contributions that have been paid by the parties to the joint venture or promised to be paid by the joint venture. China's laws and regulations stipulate that before the establishment of a joint venture, the registered capital of the enterprise, the amount and proportion of capital contribution of each party to the joint venture must be specified in the contract and articles of association of the joint venture, and registered with the registration authority.

3. What should I do if the board of directors of the company cannot form a resolution?

The board of directors of the company cannot form a resolution to resolve it through consultation. The company's directors may not be able to dissolve according to the wishes of the shareholders because they cannot meet the procedural rules stipulated in the company's articles of association, and the latter will suffer greater losses to the interests of the shareholders if they continue to operate, which is called "corporate deadlock". In the case of the sale of seeds, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.

Article 180 of the Company Law, a company is dissolved for the following reasons:

1) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution as stipulated in the articles of association;

2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;

3) The company needs to be dissolved due to merger or division;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.

1.The enterprise has incurred serious losses and is unable to continue its operations;

2.Unable to continue operating due to serious losses due to force majeure such as natural disasters and wars;

3.The joint venture has not achieved its business objectives and has no future for development;

4.Other reasons for dissolution stipulated in the joint venture contract and articles of association have emerged.

The law is based on ridicule].

Article 180 of the Company Law, a company is dissolved for the following reasons:

1) The articles of association of the company stipulate that the business period of Chunqin is sold expires or other reasons for dissolution and dissolution as stipulated in the articles of association of the company appears;

2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;

3) The company needs to be dissolved due to merger or division;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.

1) The duration of the cooperative enterprise.

The term of the cooperative enterprise shall be determined by the Chinese and foreign partners through consultation with Youjihui, and shall be stipulated in the cooperative enterprise contract. Where the term of the cooperative enterprise expires and the cooperating parties agree to extend the term of cooperation through consultation, it shall be upon the expiration of the time limit.

180 days before the application to the examination and approval authority, explain the original cooperative enterprise contract execution, the reasons for the extension of the cooperation period, and at the same time submit the cooperation parties on the extended period of the rights and obligations of the parties reached an agreement. The examination and approval organ shall, within 30 days from the date of receipt of the application, decide whether to approve or not to approve the application. If the extension of the cooperation period is approved, the cooperative enterprise shall go through the registration formalities with the administrative authority for industry and commerce with the approval documents, and the extended period shall be calculated from the first day after the expiration of the period.

If the contract of the cooperative enterprise stipulates that the foreign partner shall invest in advance, and the investment has been completed, the term of the cooperative enterprise shall not be extended upon expiration. However, if the foreign partner increases its investment, it may apply to the examination and approval authority for an extension of the cooperation period upon consultation and agreement of the cooperating parties.

2) Dissolution of the cooperative enterprise.

According to the Law on Sino-Foreign Cooperative Joint Ventures and its implementation rules, the main reasons for the dissolution of cooperative enterprises are as follows:

1) Expiration of the cooperation period;

2) The cooperative enterprise has incurred serious losses, or has suffered serious losses due to force majeure and is unable to continue its operation;

3) One or more of the Chinese and foreign cooperators fail to perform their obligations under the contract or articles of association of the cooperative enterprise, resulting in the inability of the cooperative enterprise to continue its operation;

4) Other reasons for dissolution stipulated in the contract and articles of association of the cooperative enterprise have appeared;

5) The cooperative enterprise violates laws and administrative regulations and is ordered to close down in accordance with the law.

above. 2) Item, Item.

4) In the event of any of the circumstances listed in subparagraph, the board of directors or the joint management committee of the cooperative enterprise shall make a decision and report it to the examination and approval authority for approval. In the above section.

3) Under the circumstances listed in subparagraph, one or more of the Chinese and foreign cooperators who fail to perform their obligations under the contract or articles of association of the cooperative enterprise shall be liable for compensation for the losses suffered by the other party performing the contract. One or more parties performing the contract have the right to apply to the examination and approval authority for the dissolution of the cooperative enterprise.

3) Cheongju hand calculation of cooperative enterprises.

Assets, creditor's rights and debts shall be liquidated in accordance with legal procedures. The Chinese and foreign cooperators shall determine the ownership of the property of the cooperative enterprise in accordance with the provisions of the cooperative enterprise contract. In other words, the liquidation of a cooperative enterprise shall be handled in accordance with the relevant national laws, administrative regulations, and the provisions of the cooperative enterprise contract and articles of association.

1) The dissolution of a joint venture is the termination of the joint venture. According to Article 102 of the Regulations for the Implementation of the Law on Sino-Foreign Equity Joint Ventures, a joint venture shall be dissolved under the following circumstances:

1. Expiration of the term of the joint venture;

2. The enterprise has incurred serious losses and is unable to continue to operate;

3. The joint venture party fails to perform the obligations stipulated in the joint venture agreement, contract and articles of association, resulting in the inability of the enterprise to continue to operate;

4. Suffer serious losses due to force majeure such as natural disasters and wars, and cannot continue to operate;

5. The joint venture has not achieved its business objectives and has no development prospects;

6. Other reasons for dissolution stipulated in the contract and articles of association of the joint venture have appeared. In the event of the occurrence of the first item, the board of directors shall submit an application for dissolution and submit it to the examination and approval authority for approval. In the third case, the party performing the contract shall submit an application to the examination and approval authority for approval.

1. How to define an enterprise.

Enterprises generally refer to legal persons or other social and economic organizations that use various factors of production (land, labor, capital, technology and entrepreneurial talents, etc.) to provide goods or services to the market for the purpose of making profits, and implement independent operation, self-responsibility for profits and losses, and independent accounting.

In the category of commodity economy, as one of the various modes of organizational units, according to certain organizational laws, organically constituted economic entities, generally for the purpose of profit, to maximize the interests of investors, customers, employees, and the public as the mission, by providing products or services in exchange for income. It is a product of social development and has grown and strengthened due to the development of the social division of labor. Enterprises are the main participants in the dispersion of market economic activities; Under the socialist economic system, the coexistence of various enterprises constitutes the micro foundation of the socialist market economy.

There are three basic organizational forms of enterprises: sole proprietorship, partnership and company, and the corporate enterprise is the most important and typical organizational form in modern enterprises.

Modern economic theory believes that enterprises are essentially "a mechanism for resource allocation", which can realize the optimal allocation of the entire social and economic resources and reduce the "transaction costs" of the whole society.

2. What should enterprises pay attention to in hot weather?

According to the regulations, if the daily maximum temperature reaches more than 40, outdoor operations shall be stopped on that day; When the maximum daily temperature reaches 37 or more but less than 40, the employer shall arrange for the employee to work outdoors for no more than 6 hours throughout the day, and the continuous working time shall not exceed the national regulations, and shall not arrange outdoor work within 3 hours during the highest temperature period; When the maximum daily temperature reaches 35 or more but 37 below, the employer shall shorten the continuous working hours of the workers by changing shifts and taking breaks, and shall not arrange overtime for workers working outdoors and in the open air. Employers may arrange for female employees and juvenile workers to engage in outdoor and open-air operations and workplaces with a temperature of 33 or more during the period of hot weather above 35.