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What he means is that the registered capital is 500,000 yuan, but only 100,000 yuan was issued in the first phase, and 400,000 yuan was declared bankrupt before the company was released.
No problem, you announce it, and then you can write off the company.
But you need to add the question, why go bankrupt?
You have to get the money you owe and the money you owe in order to cancel it, it's very troublesome, how much is your company's registered capital, how much do you owe, you declare bankruptcy or have to pay back the money (if you owe more than your registered capital, you can repay the amount of registered capital, the premise is bankruptcy, bankruptcy must be applied, and the department will verify), so you can not deregister, you can only apply for bankruptcy.
If you cancel it, go to the tax department to write it off, and they will check the accounts first, mainly to see if you have evaded taxes, and if you pass this pass, you can still write off, but if the company you owe money knows, they will definitely sue you in court.
You're in trouble, I guess your relationship with the school is a little bad now, and the company's accounts are not very clear, and some money has been lost?
I don't know if the supplier is willing to let go of these debts.
You have 3 ways now.
1.Keep doing it, work hard to get it done, and strive to be debt-free.
2.If you file for bankruptcy, you still have to pay back the money.
3.Run, run as far as possible.
yes, upstairs is also a way for you to ask for help.
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You are very good, you can receive the school's project just half a year after graduation, but you don't do a good job and miss the opportunity, you can change to a legal person and find investors to help you.
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The registered capital is not as much as declared, can you register it?
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If the company has no money to go bankrupt, it can go through the bankruptcy liquidation procedure, and the company's remaining assets will repay the debts in proportion.
Legal basis: The Enterprise Bankruptcy Law of the People's Republic of China has been reformed
Article 1 This law is enacted for the purpose of standardizing enterprise bankruptcy procedures, fairly liquidating creditor's rights and debts, protecting the legitimate rights and interests of creditors and debtors, and safeguarding the order of the socialist market economy.
Article 2 : Where 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 repay its debts, it shall settle 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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After the bankruptcy of the company, the registered capital cannot be returned because the registered capital is the company's assets. If it is withdrawn, it is a withdrawal of capital contributions. According to the relevant laws and regulations, after the establishment of the company, shareholders are not allowed to withdraw their capital contributions. Equity can be transferred to equity.
Article 35 of the Company Law of the People's Republic of China.
After the establishment of the company, the shareholders shall not withdraw their capital contributions.
Article 71.
The shareholders of a limited liability company may transfer all or part of the equity of Zheng Laoqiao to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer.
If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, they shall cooperate with the merchant to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer.
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Legal analysis: It is sufficient to deregister directly, and there is no need to apply for bankruptcy, and only listed companies will apply for bankruptcy. If the capital is not in place in the later stage, in the case of the company's bankruptcy and the need to repay foreign debts, the shareholders of the company need to make up the funds on the registered capital according to the registered proportion.
Legal basis: "Bankruptcy Law of the People's Republic of China and State-owned Enterprises" Article 2 Where 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 there is a clear possibility of losing solvency, it may conduct reorganization in accordance with the provisions of this Law.
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Legal analysis: direct deregistration is sufficient, no need to apply for bankruptcy, only listed companies will apply for bankruptcy. First of all, the company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person.
The company shall be liable for the debts of the company with all its property, and secondly, if the capital registered under the subscribed capital registration system is not in place in the later stage, in the case of the company's bankruptcy and the need to repay foreign debts, the shareholders of the company need to make up the funds on the registered capital in accordance with the registered proportion, and the shareholders shall also bear joint and several liability to the company's creditors within the scope of their unpaid capital contributions and withdrawal of capital contributions.
Legal basis: Company Law of the People's Republic of China Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.
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The registered capital cannot be returned. When a company goes into bankruptcy proceedings, it must be due to insolvency. Since it is a limited liability company, it only bears limited compensation, and all liquidations are completed within the framework of all assets of the company.
Therefore, the registered capital cannot be recovered. After the people's court accepts the bankruptcy application, the debtor or property holder of the debtor shall pay off the debts or deliver the property to the administrator. Where the debtor or property holder of the debtor intentionally violates the provisions of the preceding paragraph to pay off debts or deliver property to the debtor, causing losses to the creditor, it is not exempted from the obligation to pay off the debts or deliver the property.
Legal basisArticle 17 of the Enterprise Bankruptcy Law.
After the people's court accepts the bankruptcy application, the debtor or property holder of the debtor shall pay off the debts or deliver the property to the administrator. Where the debtor or property holder of the debtor intentionally violates the provisions of the preceding paragraph to pay off debts or forgive the delivery of property to the debtor, causing losses to the creditor, Nachen does not exempt him from the obligation to pay off the debts or deliver the property.
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It has already been made clear.
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