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The remaining assets of the collective enterprise can be disposed of in the following ways: 1. Distributed to the collective members: According to the provisions of the articles of association of the collective enterprise, the remaining assets are distributed to the collective members in a certain proportion, or according to the degree of their respective contributions.
2. Transfer to other enterprises: transfer the remaining assets to other enterprises in the form of transfer to obtain income. 3. Donate to public welfare:
5. Repayment of debts: If the collective enterprise has outstanding debts, the remaining assets can be used to repay the debts. It should be noted that in the process of disposing of the remaining assets, it is necessary to comply with relevant laws and regulations to ensure that the disposal is legal and compliant.
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Summary. Legal basis: Article 18 of the Regulations of the People's Republic of China on Rural Collective-Owned Enterprises Article 18 The property of an enterprise belongs to all the peasant collectives within the scope of the township or village where the enterprise is organized, and the ownership of the enterprise property shall be exercised by the peasant assembly (peasant representative meeting) of the township or village or the collective economic organization representing all the peasants.
Article 46 of the Regulations of the People's Republic of China on Rural Collective-Owned Enterprises Article 46 The after-tax profits of collective enterprises shall be at the discretion of the enterprises in accordance with the law. Enterprises shall determine the proportions of provident fund, public welfare fund, labor dividends and stock dividends in accordance with national regulations.
Hello dear. The method of disposing of the remaining assets of the collective enterprise is as follows:1
Giving assets to legitimate purchasers to get a return on value. 2.
Leasing dates refers to renting: the stool hand rents out assets to obtain rental income. 3.
Auction: Auction assets through bidding to obtain the highest transaction price. 4.
Investment: Invest the remaining assets in other areas to obtain higher profits.
Legal basis: Article 18 of the Regulations of the People's Republic of China on Rural Collective-Owned Enterprises Article 18 The property of an enterprise belongs to all the peasant collectives within the scope of the township or village where the enterprise is organized, and the ownership of the enterprise property shall be exercised by the peasant assembly (peasant representative meeting) of the township or village or the collective economic organization representing all the peasants. Article 46 of the Regulations of the Chinese People's Republic of China on Collectively Owned Enterprises in the Country and Rural Areas provides that the after-tax profits of collective enterprises shall be at the discretion of the enterprises in accordance with the law.
Enterprises shall determine the ratio of provident fund, community chest, labor dividends and stock dividends in accordance with national regulations.
Do you have any questions on your end? I'll break it down for you.
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Legal analysis: Article 44 of the Labor Contract Law stipulates that if the employer has its business license revoked, ordered to close or revoked, or the employer decides to dissolve in advance, the labor contract shall be terminated.
Legal basis: Article 181 of the Code of the People's Republic of China The 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 stipulated in the articles of association of the company;
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) In accordance with the law, the business license of the Sakura Servant has been revoked, ordered to close or revoked.
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The deferred distribution of the company's remaining property should only be carried out after the debts of creditors have been fully paid. The remaining property shares are distributed according to the proportion of shareholdings, and if there is no fully paid capital contribution at the time of distribution, it should be paid in full. Otherwise, they should bear the responsibility of false capital contribution.
Legal basis] Article 186 of the Company Law.
After the liquidation group has cleaned up the company's property and prepared the balance sheet and property list, it 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 contributions, 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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Legal analysis: The bankruptcy estate of a collective enterprise shall be liquidated in accordance with the following steps: 1. The shareholders' meeting shall make a resolution to dissolve the company; 2. Set up a rent clearing and accounting team within 15 days and start liquidation; 3. The liquidation group shall notify the creditors within 10 days from the date of establishment, and announce it in the newspaper within 60 days.
The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if it has not received the notice from Tongfanye, declare its creditor's rights to the liquidation group. When a creditor declares a creditor's right, it shall explain the relevant matters of the creditor's right and provide supporting materials. The liquidation group shall register the creditor's rights.
4. 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. 5. If the liquidation team finds that the company's property is insufficient to pay off its debts after cleaning up the company's property and compiling the balance sheet and property list, it shall apply to the people's court for declaration of bankruptcy in accordance with the law. 6. After the liquidation of the company, the liquidation group shall prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration and announce the termination of the company.
Legal basis: Article 190 of the Bankruptcy Law of the People's Republic of China If a company is declared bankrupt in accordance with the law, bankruptcy liquidation shall be carried out in accordance with the law on enterprise bankruptcy.
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