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Anonymous users2024-02-06Legal analysis: shareholders cannot file for bankruptcy, but they can apply for dissolution of the company and then liquidate.
Legal basis: Article 182 of the Company Law of the People's Republic of China Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause significant losses to the interests of shareholders, and 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.
Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China If an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all its debts or it obviously lacks the ability to pay off, it shall liquidate its debts in accordance with the provisions of this Law.
Where an enterprise legal person has the circumstances provided for in the preceding paragraph, or where there is a clear possibility that the person has lost its solvency, it may be reorganized in accordance with the provisions of this Law.
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Anonymous users2024-02-05Legal Analysis: Shareholders cannot file for bankruptcy, but they can apply for the dissolution of the company and then liquidation. The bankruptcy of the company can only be confirmed by the trial and ruling of the people's court, and without the trial of the people's court, the Zhaling company itself cannot enter the bankruptcy procedure.
1. Bankruptcy application. 2. The court ruled to accept it. 3. Appoint a bankruptcy administrator.
4. The bankruptcy administrator takes over the bankrupt enterprise. 5. Audit and evaluation. 6. Accept the declaration of creditor's rights.
7. Convene a creditors' meeting. Agitated accompaniment.
Legal basis: "Enterprise Bankruptcy Law of the People's Republic of China" Article 2 If an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all its debts or it is clear that Liang is unable to pay off its debts, it shall liquidate its debts in accordance with the provisions of this Law. Where an enterprise legal person has the circumstances provided for in the preceding paragraph, or there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.
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Anonymous users2024-02-04The above three categories of persons can file for bankruptcy if the company is unable to pay off its debts as they fall due, and its assets are insufficient to pay off all its debts or it is obviously insolvent.
Enterprise Bankruptcy Law of the People's Republic of China
Article 7 Potato Debate.
Under the circumstances provided for in Article 2 of this Law, the debtor may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation. If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor. Where an enterprise legal person has been dissolved but has not been liquidated or has not been liquidated, and its assets are insufficient to pay off its debts, the person who bears the responsibility for liquidation in accordance with law shall apply to the people's court for bankruptcy liquidation.
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Anonymous users2024-02-03Legal analysis: shareholders cannot file for bankruptcy, but they can apply for dissolution of the company and then liquidation.
Legal basis: Article 182 of the Company Law of the People's Republic of China Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause significant losses to the interests of shareholders, and 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.
Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China If an enterprise legal person fails to pay off its debts when due, and its assets are insufficient to pay off all its debts or it obviously lacks the ability to pay off, it shall liquidate its debts in accordance with the provisions of this Law.
Where an enterprise legal person has the circumstances provided for in the preceding paragraph, or there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.
After requesting the continuation of the performance of the contract, or requiring the other party to compensate for losses, or requesting the other party to make appropriate compensation, the contract is re-signed.
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