Emergency access to a legal expert!! Follow up issues of company bankruptcy

The one-person limited liability company you are talking about, in fact, your cousin is a natural person shareholder, do you indicate it in the registration and business license of the company? If not, you'll need to prove that it was your cousin who actually invested

If the shareholders of a one-person limited liability company cannot prove that their property is independent of their own property, they shall be jointly and severally liable for the company's debts

You can look up Articles 58 to 64 of the Companies Act).

You're just a legal person, it's none of your business Just prepare the evidence that proves that you are not a shareholder and the evidence that you are not the actual operator

Second, if I am a creditor, it is not cost-effective because the company will pay off the employees' salaries and social insurance and bankruptcy liquidation expenses first after the company goes bankrupt, and then I and other creditors

I will go and ask for a mortgage, (remember that the mortgage here must be registered, if it is not registered, the effect is too low) because the registered mortgage is only less effective than the lien

According to the provisions of the Security Law of the People's Republic of China, the mortgage that has been legally registered as a mortgage shall be excluded from the bankruptcy estate.

This is the best way to protect the interests of creditors

Secondly, you can go to the guarantor, and the guarantor agrees to guarantee the debtor, and your debt is guaranteed

Companies that are about to go bankrupt are a headache for creditors who want creditors to do these things, and they can't do it without some means

1.If a multi-person joint venture company goes bankrupt, the individual bears limited liability, while the shareholders of a one-person sole proprietorship company bear joint and several liability, as follows.

In accordance with the Companies Act

Article 31 Where the assets of a sole proprietorship enterprise are insufficient to pay off debts, the investor shall use his other personal assets to pay off.

Article 64 stipulates that if a shareholder of a one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, he shall be jointly and severally liable for the company's debts.

In practice, "it cannot be proved that the company's property is independent of the shareholder's own property" is an important point, for example, if you make personal consumption in the name of the company, then there is a problem.

2.There will be no impact on normal shopping and consumption, but there will be restrictions on business activities such as establishing a company in the future, as follows.

In accordance with the Companies Act

Article 147: Under any of the following circumstances, a person shall not serve as a director, supervisor or senior manager of a company:

3) Where a director, factory director, or manager of a company or enterprise in bankruptcy liquidation bears personal responsibility for the bankruptcy of the company or enterprise, three years have not elapsed since the completion of the bankruptcy liquidation of the company or enterprise;

3.If the company is going to file for bankruptcy, then it is estimated that there is no capital turnover, so if it is a creditor, it is necessary to try to obtain the right to dispose of fixed assets and protect its interests to the greatest extent.

1. According to Article 31 of the Company Law, if the assets of a sole proprietorship enterprise are insufficient to pay off the debts, the investor shall pay off the debts with other personal assets.

2 The above stipulates that the investor, not the legal representative, should collect evidence that can prove that your cousin is an investor and operator.

3. If you cannot provide evidence, then you are deemed to be an investor and liable for repayment with your personal property. This includes the possibility of seizure of your property.

4. Declaring bankruptcy does not affect personal behavior, such as buying a house, but it will affect future operations.

You're a legal representative, not an investor, right?

The legal representative does not have to think about so many issues.

If you have any questions, you can talk in detail. Or plus.

1. There is no bankruptcy protection in China;

2. The company can apply for bankruptcy and then carry out bankruptcy liquidation, and the liquidation steps are as follows:

1. Establish a company liquidation group.

2. Liquidation.

3. Propose a liquidation plan.

4. Distribute the remaining property.

5. Make a liquidation report.

In accordance with the provisions of the Company Law, 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.

All the order of settlement is: payment of liquidation expenses - employees' salaries, social insurance premiums and statutory compensation - payment of taxes owed - settlement of the company's debts - distribution of remaining property by shareholders.

If the company auctions off its assets after bankruptcy, and there is still nothing on the account in the end, then there is no need to pay off, and Chinese companies are limited liability companies, not unlimited liability companies;

The above is stipulated in the provisions of the Company Law, but generally small companies are not so rigorous, and the basic steps are just a few steps.

In addition, the premise of bankruptcy protection is not to protect the bankrupt company, but to protect creditors, for example:

Company A is going to be finished, creditor B blocked the door and asked for money, A said you want money now, I don't, it's better to wait for a while, I have a deal now and will definitely be able to turn around the loss, and then I can pay you back some, B doesn't believe it, A said: In this way, we will find a guarantor to supervise me and ensure that my repayment ability after a period of time will not be worse than now, if I still can't do it after a month, then liquidate, okay? B felt that it made sense, and finally they found a guarantor to --- bankruptcy court together and apply for bankruptcy protection.

The essence is: a dead horse should be a live horse doctor, but the premise is not to make the horse meat stink!

1. The bank loan is 22 million, which is repaid by the mortgaged plant and machinery for 19 million li, and the insufficient 3 million is a bankruptcy creditor's right.

Claims secured in rem, such as those secured by mortgages, pledges, liens, etc., enjoy a priority right to be repaid against specific items secured in the debtor's property. Since this kind of claim is secured by the debtor's specific property, when the debtor is unable to pay off the debt, the creditor enjoys the priority right to be repaid in respect of the collateral, which constitutes a right of exclusion in the bankruptcy law procedure, and can still be repaid in priority without the restrictions of the bankruptcy procedure, so it is naturally not a bankruptcy claim. Only when the price of the collateral is insufficient to pay off the secured debt, the remaining debt can be claimed as a bankruptcy claim.

2. According to the relevant provisions of China's current bankruptcy law, the bankruptcy claim is established before the bankruptcy declaration, and the bankruptcy person has the right to enforce the property claim that has been declared and confirmed in accordance with the law, and can be fairly repaid by the bankruptcy estate. Article 30 of China's Bankruptcy Law also clearly stipulates that only claims established before the declaration of bankruptcy are bankruptcy claims. Therefore, from the perspective of time, the loans of Hongda, Wanda and Huatian Company belong to bankruptcy claims.

3. The bankruptcy estate is 60 million. The debtor's property becomes the bankruptcy estate after the bankruptcy is declared. Article 113 of the Bankruptcy Law stipulates that after the bankruptcy estate has given priority to the repayment of bankruptcy expenses and common debts, it shall be repaid in the following order:

1) Labor debt. That is, the wages owed by the bankrupt person, the disability allowance and the pension, the pension insurance, medical insurance and the subsidies stipulated by laws and administrative regulations that should be transferred to the personal account.

2) The amount of social insurance premiums owed by the bankrupt person in addition to the provisions of the preceding paragraph and the taxes owed by the bankrupt person.

3) Ordinary creditor's rights.

If the bankruptcy estate is insufficient to pay off the claims in the same order, it shall be distributed proportionately.

3. Creditors' meeting and conciliation and rectification procedures.

1) Creditors' meeting.

1) The nature and composition of the creditors' meeting.

A creditors' conference is a bankruptcy institution composed of all creditors to discuss and decide on bankruptcy matters and express the will of creditors under the supervision of the court for the purpose of safeguarding the common interests of creditors.

According to the provisions of China's bankruptcy law, all creditors are members of the creditors' meeting. The members of the creditors' conference shall have the right to vote, except where the creditor with property security has not waived the right of priority to be repaid, and the guarantor of the debtor may enjoy the right to vote as a creditor after paying off the debts on behalf of the debtor.

The chairman of the creditors' conference shall be appointed by the people's court from among the creditors with voting rights.

The legal representative of the debtor must attend the creditors' meeting as an observer, and the creditor's rights are rounded up.

The functions and powers of the creditors' conference are: first, to review the supporting materials of the creditor's rights and confirm whether the creditor's rights have property security and its amount; the second is to discuss and approve the draft settlement agreement; The third is to discuss and approve the disposal and distribution plan of the bankruptcy estate.

The resolution of the creditors' conference shall be passed by a majority of the creditors with voting rights present at the meeting, and the amount of the claims represented by them must account for more than half of the total amount of the unsecured creditor's rights, except that the resolution to adopt the draft settlement agreement must account for more than 23 of the total amount of the unsecured creditor's rights.

The resolution of the creditors' meeting shall be binding on all creditors.

2) Conciliation and rectification procedures.

Reconciliation and rectification: If an enterprise is filed for bankruptcy by creditors, within 3 months after the people's court accepts the case, the higher-level competent department of the enterprise that has been filed for bankruptcy may apply for rectification of the enterprise, and the period of rectification shall not exceed 2 years.

Consequences of rectification: During the rectification period, if the enterprise has any of the following circumstances, the people's court shall rule to terminate the rectification of the enterprise and declare it bankrupt

First, the settlement agreement is not enforced;

second, the financial situation continues to deteriorate, and the creditors' conference applies for termination of rectification;

Third, there is one of the acts listed in Article 35 of this Law, which seriously harms the interests of creditors.

If, after rectification, the enterprise is able to repay its debts in accordance with the settlement agreement, the people's court shall terminate the bankruptcy proceedings against the enterprise and make a public announcement.

If the enterprise is unable to repay its debts in accordance with the settlement agreement at the end of the rectification period, the people's court shall declare the enterprise bankrupt.

I'll try to answer that.

1. According to the circumstances of this case, the company is insolvent and meets the bankruptcy conditions, and can file a bankruptcy application by itself.

The legal basis is Articles 2 and 7 of the Enterprise Bankruptcy Law.

2. The people's court where the company is located may accept the bankruptcy case. Bankruptcy cases are under the jurisdiction of the people's court at the place where the debtor is domiciled.

The legal basis is Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law (for Trial Implementation) >: Enterprise bankruptcy cases shall be under the jurisdiction of the people's court at the place where the debtor is domiciled. The debtor's domicile refers to the location of the debtor's principal office.

If the debtor does not have an administrative office, the people's court at the place of its registration shall have jurisdiction.

3. According to Article 30 of the Enterprise Bankruptcy Law, all the property belonging to the debtor at the time of acceptance of the bankruptcy application, as well as the property obtained by the debtor after the acceptance of the bankruptcy application and before the end of the bankruptcy declaration, are the property of the debtor. Article 107:

After the debtor is declared bankrupt, the debtor's property is referred to as the bankruptcy estate.

In this case, the total bankruptcy estate is 50 + 120 + 30 + 40 = 2.4 million yuan. Of course, the premise of this calculation is that the foreign investment of 300,000 yuan can be recovered, and the arrears of 400,000 yuan can be recovered.

4. Repayment order: first priority: the bank will be compensated 1.2 million yuan for the office building of 1.2 million yuan; Second in line:

owed 150,000 yuan in wages to employees, and borrowed 200,000 yuan from employees to maintain daily expenses before bankruptcy, totaling 350,000 yuan; Third priority: tax of 600,000 yuan; Fourth priority: other business loans of 3 million yuan will be repaid in proportion to the remaining 250,000 yuan.

Legal basis: Article 1 of the Enterprise Bankruptcy Law.

It should be noted that bankruptcy expenses and common debts are not calculated here, and these two will definitely occur in general bankruptcy cases, so in this case, it is necessary to pay bankruptcy expenses and process debts in the unsecured property before repayment.

Hope it helps

1。The bankruptcy petition can be filed by either the creditor or the debtor.

2。It is under the jurisdiction of the people's court in the place where the debtor is domiciled, so it can.

3。All belong.

4。Order of repayment: wages, compassionate expenses and compensation owed by the bankrupt person, basic pension insurance, basic medical insurance, etc.

The amount of social insurance contributions owed by the bankrupt and the taxes owed.

Ordinary settlement of claims.

1. China's "Bankruptcy BAI Law" stipulates that only when an enterprise legal person is unable to pay off its debts due and its assets are insufficient to pay off all debts or obviously lacks solvency, it can only apply for bankruptcy. Arrears of employees' wages are already considered to be corporate legal persons that cannot pay off their debts when due. However, it also depends on whether your company has sufficient cash flow to pay off existing debts that fall due in the ordinary course of business.

If you can't even get the cash to pay your salary, of course, you can file for bankruptcy.

2. According to Article 113 of the Bankruptcy Law, the bankruptcy estate shall be repaid in the following order: a. the wages and medical treatment, disability allowance, bereavement expenses, insurance and compensation owed by the bankrupt to the employees; b. Social insurance premiums and taxes owed by the bankrupt; c. Bankruptcy creditor's rights. You see, employee wages and insurance are the smoothest in bankruptcy liquidation.

Therefore, after filing for bankruptcy protection, it is certain to pay the employee's salary and insurance.

There is no such thing as bankruptcy protection in our country.

If your company is a limited liability company, the company will use its assets to assume external debts, including employee salaries and insurance, which will take precedence over other debts.