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The company has been deregistered, and there was a contract dispute before, and the shareholders cannot be pursued.
If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.
The parties shall perform on a legally effective judgment, arbitral award or mediation document, and if they refuse to do so, the other party may request the people's court to enforce it.
If a lawsuit is filed with the court, the following conditions must be met:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
2. There is a clear defendant;
3. There are specific litigation claims, facts and reasons;
4. It is within the scope of the people's court's acceptance of litigation and the jurisdiction of the court.
Detailed steps of the contract dispute litigation process:
1. First of all, understand the legal knowledge of relevant prosecution;
2. Filing a lawsuit in a court with jurisdiction over contract disputes;
3. After the case is filed, the court's internal staff will assign the case to the specific presiding judge;
4. Prepare evidence and pay attention to the provisions of the court's rules of evidence;
5. The time and place determined by the court;
6. ** trial;
7. Second-instance trial;
8. Apply for retrial;
9. Apply for execution.
Article 687 of the Civil Code of the People's Republic of China: Where the parties agree in the guarantee contract that when the debtor is unable to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee.
The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances:
1) The debtor's whereabouts are unknown and there is no property available for enforcement;
2) the people's court has accepted the debtor's bankruptcy case;
3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts;
4) The guarantor waives the rights provided for in this paragraph in writing.
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If you make a bankruptcy repayment announcement before bankruptcy and you do not declare your claims, the court will no longer accept it. If you fail to comply with the statutory bankruptcy proceedings, you may be able to sue separately for a separate judgment on the unprocessed bonds.
If it is a legal person, after the completion of the bankruptcy liquidation procedure of the company, the legal person will be deregistered, and the debts cannot be recovered from the shareholders of the company.
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After the company is deregistered, the main body no longer exists, and all disputes cease.
It took more than half a year to write off, so how can you sue after you cancel it?
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After the company is deregistered, strictly speaking, the company can no longer be sued, because the main body of the company no longer exists, if there is a dispute over the company's shareholders' capital contribution or the company's property is still redundant, can the shareholders be sued? I have brought the content of "Do you sue shareholders after the company is deregistered" through your question, I hope it will be helpful to you.
Do you sue shareholders after the company is deregistered
After the company is deregistered, the subject has disappeared, and when filing a civil lawsuit with the people's court, there needs to be a clear defendant, and the company that has been deregistered does not meet the conditions and cannot sue the company. If the shareholders of the company have insufficient capital contribution or have the company's property remaining after deregistration, they can sue the shareholders of the company.
Legal basis: Civil Procedure Law
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Litigation refers to the act of a party filing a lawsuit with the people's court on a civil dispute and requesting the people's court to conduct a trial in accordance with legal procedures. That is, to request the court to make the defendant bear some legal responsibilities and obligations through the trial. The prosecution must have a clear defendant, specific claims and factual basis, and must also fall within the jurisdiction of the court to which the lawsuit is filed.
Classification of prosecutions
Litigation in the Zheng Chi Civil Procedure Law refers to litigation in which the subject of a civil legal relationship requests the court to adjudicate and protect it in its own name because its own civil rights and interests or those under its management and control in accordance with the law are infringed, or because of disputes with others.
Prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who enjoy the right to sue file a lawsuit with the court in accordance with the law, requesting the court to try the content of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions in accordance with the law. The various cases of bad money heard by the people's courts are premised on the prosecution of the public prosecution organ or the parties, and if no one files a lawsuit, the court will not take the initiative to hear any case. If the court accepts the complaint and agrees to hear it, it is called acceptance.
The establishment of the lawsuit marks the beginning of the trial proceedings in the lawsuit.
As for your question of "will the shareholders be sued after the company is deregistered?", after the company is deregistered, if the shareholders have insufficient capital contribution and the company's property is excessive, they can sue the shareholders, but they cannot sue the company, because the company no longer has a main body and has no clear goal.
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Summary. Dear, glad to answer for you, <>
If the other company has been deregistered, it is not possible to sue the shareholders of the company under normal circumstances. Because the company, as a legal entity, does not exist after deregistration, and its claims and debts disappear with it. If the shareholder violates the law or violates the relevant laws and regulations in the course of the company's operation, the company law and the ** law, then he will be sanctioned by the relevant laws and regulations.
If the shareholder has breached the contract, defaulted on debts, infringed intellectual property rights, etc. before the cancellation, then the creditor can file a lawsuit with the court within a certain time limit to require the shareholder to bear the corresponding legal liability. The specific situation needs to be judged according to the relevant laws and regulations and the specific case. <>
After the other party company is deregistered+ can also sue the other party's shareholders.
Dear, glad to answer for you, <>
If the other company has been deregistered, it is not possible to sue the shareholders of the company under normal circumstances. Because the company, as a legal entity, does not exist after deregistration, and its claims and debts disappear with it. If a shareholder violates the law or violates relevant laws and regulations in the course of the company's operation, the company law and the ** law, then the company will be subject to sanctions by the relevant laws and regulations.
If the shareholder has breached the contract, defaulted on debts, infringed intellectual property rights, etc., before the cancellation, the creditor can file a lawsuit with the court within a certain time limit to require the shareholder to bear the corresponding legal liability. The specific situation needs to be judged according to the relevant laws and regulations and the specific case. <>
After the company is deregistered, under normal circumstances, the company's legal personality disappears, and the company's claims and debts will also disappear. The company has been deregistered, and creditors can only recover debts through other means, such as recovering shareholders' personal property or resolving disputes through other legal means. If the creditor's rights and debts existing before the deregistration of the company have not been liquidated, the creditors of the deregistration may apply to the company for liquidation within two years after the deregistration, and the company must liquidate and pay off the debts.
In addition, shareholders still need to bear the corresponding legal liabilities for illegal acts or torts that existed before the company's deregistration. Before deregistering the company, shareholders need to ensure that the company's claims and debts are properly handled, and avoid illegal acts or torts of the company, so as to avoid unnecessary legal risks caused by non-compliance. <>
The national tax is written off first, then the national tax account, and if there is money, it is transferred to the basic account and then written off. Then there is the local tax and the local tax household, after the tax bureau (local tax, national tax) has a cancellation certificate, you take the certificate and a set of things for the basic household and then cancel the basic account, and then the marketing license. So down 45 days is needed. >>>More
If the company does not want to continue to operate, it must go through the cancellation registration, and the specific process of cancellation is as follows: >>>More
Simple cancellation process: The enterprise fills in the simple cancellation announcement in the publicity system - announcement, waiting for whether anyone raises an objection - announcement, waiting for whether anyone raises an objection - the enterprise applies for simple cancellation of registration. 1. >>>More
Hello, it's a pleasure to have your questions.
If the company goes bankrupt, it has to go through the company cancellation process, and if it goes bankrupt, it has to deregister the company. There is no such thing as a fast process. Again, bankruptcy also has to go through the industrial and commercial cancellation process, and if the business license is revoked, it must also go through the industrial and commercial cancellation process, otherwise there will be credit stains and the consequences will be very serious. >>>More
Step 1: Filing with the liquidation group of the industrial and commercial bureau (5 working days after accepting the application); >>>More