Whether the dissolution of a limited liability company requires the consent of all shareholders

Updated on Financial 2024-03-31
5 answers
  1. Anonymous users2024-02-07

    Not necessarily. The company was 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 resolution of the shareholders' meeting 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    4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;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) If the company is dissolved due to the provisions of subparagraphs (1), (2), (4) and (5) above, a liquidation team shall be established within 15 days from the date of occurrence of the cause of dissolution and the liquidation shall begin. The liquidation group of a limited liability company is made up of shareholders. If a liquidation group is not established for liquidation within the time limit, the creditor may apply to the civil 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 people's courts are to be dissolved in accordance with the above provisions.

    Among them, the second item above, the resolution of the shareholders' meeting to dissolve the company must be passed by the shareholders representing more than two-thirds of the voting rights, not all shareholders.

    In addition, if serious difficulties arise in the operation and management of the company, and the continued existence of the company will cause significant losses to the interests of shareholders, which cannot be resolved by other means, 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.

  2. Anonymous users2024-02-06

    What are the conditions that need to be met for the judicial dissolution of a company by shareholders?

  3. Anonymous users2024-02-05

    Legal Analysis: The dissolution of a company does not necessarily require the consent of all shareholders. If the dissolution is due to the resolution of the shareholders' meeting or the general meeting of shareholders, or the dissolution is required due to the merger or division of the company, the dissolution can only be dissolved with the consent of a certain proportion of shareholders, generally more than two-thirds of the shareholders.

    Legal basis: Article 180 of the Company Law of the People's Republic of China 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 specified 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) The business license of the camp hail town has been revoked, ordered to close or revoked in accordance with the law; (5) The people's court shall be dissolved in accordance with the provisions of Article 182 of this Law.

  4. Anonymous users2024-02-04

    Legal Analysis: The dissolution of a company does not necessarily require the consent of all shareholders. If the dissolution is required due to the shareholders' meeting or the resolution of the shareholders' meeting, or the dissolution is required due to the merger or division of the company, the dissolution can only be dissolved with the consent of a certain proportion of shareholders, generally more than two-thirds of the shareholders.

    Legal basis: Article 180 of the Company Law of the People's Republic of China on the State of Attack of the People's Republic of China 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.

  5. Anonymous users2024-02-03

    The dissolution of a company does not necessarily require the consent of all shareholders.

    However, if it needs to be dissolved due to the resolution of the shareholders' meeting or the general meeting of shareholders, or due to the merger or division of the company, it can only be dissolved with the consent of a certain proportion of shareholders. The resolutions of the relevant shareholders' meeting and the general meeting of shareholders shall be passed by the shareholders representing more than two-thirds of the voting rights. Therefore, according to the reasons for the dissolution of the company and the relevant regulations, the dissolution of the company does not necessarily require the consent of all shareholders.

    The reasons for the dissolution of the company are:

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

    2. The shareholders' meeting or the shareholders' meeting resolves to dissolve;

    3. Dissolution due to merger or division of the company;

    4. The business license has been revoked, ordered to close or revoked by the administrative organ in accordance with the law;

    5. If serious difficulties arise in the operation and management of the company, and the continued existence will cause major losses to the interests of the company's shareholders, which cannot be resolved by other means, the 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.

    Legal basisCompany Law of the People's Republic of China

    Article 180.

    The company was 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 the merger of the company or the division of the head of the department;

    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.

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