How to deal with debts in the liquidation of the company, and how to deal with the debts when the co

In the liquidation of the company, the liquidation team will clean up the company's property, prepare the balance sheet and property list.

In accordance with the Company Law of the People's Republic of China

Article 186 After liquidating the company's assets 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.

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.

Article 187 If, after liquidating the company's property and compiling the balance sheet and property list, the liquidation team discovers that the company's assets are insufficient to pay off its debts, it shall apply to the people's court for a declaration of bankruptcy in accordance with law.

After the company is declared bankrupt by the ruling of the people's court, the liquidation group shall transfer the liquidation affairs to the people's court.

Article 188 After the liquidation of a company is completed, the liquidation team 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.

If the company is cancelled in accordance with the legal procedures, it is necessary to set up a liquidation group to make an announcement to clear up the claims and debts, and if the creditor does not apply for the creditor's rights within 45 days after the announcement, it will be deemed to be automatically abandoned. If there is no announcement and no liquidation, the shareholders will bear the legal responsibility. The industrial and commercial files can be checked, and there should be the debtor of the unit's creditor's rights and debts in the files, otherwise the industrial and commercial departments will not approve the cancellation.

The creditor and debtor may be required to bear responsibility.

After liquidation and bankruptcy, debts that remain unpaid are no longer processed. The liquidation of a business is equivalent to the death of a natural person, and legally, the death of a natural person or the bankruptcy of the liquidation of the enterprise will result in the release of debts, unless someone is willing to inherit the debts.

Generally, it is in the following order: secured claims - employee wages (including medical and other insurance) - various taxes - ordinary claims.

The solvency of the debts of the liquidated enterprise shall be limited to its registered capital. If the paid-in capital of the enterprise is less than the registered capital, the respective subscribed capital shall be supplemented. After paying the liquidation costs with the property, the enterprise shall pay off the debts in the following order:

1. Payable unpaid wages and labor insurance premiums.

2. Outstanding taxes should be paid;

3. Debts have not been paid. If it is insufficient to pay off debts in the same order, it shall be repaid in proportion.

The liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting or the relevant competent authority for confirmation, and send it to the enterprise registration authority, apply for cancellation of the enterprise registration, and announce the termination of the enterprise.

Legal analysis: The solvency of Qingqing in the liquidation of corporate debts is limited to its registered capital. If the paid-in capital of the enterprise is less than the registered capital, the respective subscribed capital shall be supplemented.

After the enterprise pays the liquidation expenses with its property, it shall pay off the debts in the following order: 1. The unpaid wages and labor insurance expenses payable 2. The unpaid taxes shall be paid; 3. Debts have not been paid. If it is insufficient to pay off debts in the same order, it shall be repaid in proportion.

Legal basis: Article 3 of the Company Law of the People's Republic of China A company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Legal analysis: the creditor should be notified, and the creditor should declare its creditor's rights; Liquidation of the company's property, preparation of balance sheet and property list respectively;

Legal basis: Company Law of the People's Republic of China.

Article 184: The liquidation team exercises the following functions and powers during the liquidation period:

1) Liquidate the company's property, prepare the balance sheet and property list respectively;

2) Notify and announce creditors;

3) To deal with the unsettled business of the company in connection with the liquidation;

4) To settle the taxes owed and the taxes incurred in the process of liquidation;

5) Liquidation of creditor's rights and debts;

6) Dispose of the remaining property of the company after paying off its debts;

7) Participate in civil litigation activities on behalf of the company.

Article 185 The liquidation group shall notify the creditors within 10 days from the date of its establishment and make an announcement 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, 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.

During the declaration of creditor's rights, the liquidation group shall not pay off the creditor's lenient claim.

The liquidation of a company is the first thing that needs to be notified to creditors. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors. Zheng Bei can only make a unified repayment after specifying the property distribution plan, otherwise it will affect the interests of the creditors who declare later.

[Legal basis].Article 185 of the Company Law of the People's Republic of China.

The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days. The creditor shall, within 30 days from the date of receipt of the notice, and within 15 days from the date of the announcement of the Turning Cong University, if it has not received the notice, 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.

During the declaration of creditor's rights, the liquidation group shall not pay off the creditors.

After an enterprise legal person meets the bankruptcy requirements and applies to the court for bankruptcy, the creditor shall apply to the administrator for creditor's rights, which shall be repaid by the bankruptcy estate; If the bankrupt person has no property to distribute, the people's court shall rule to terminate the bankruptcy proceedings and the remaining debts shall not be repaid. Legal basis: Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China provides that 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 solvency, it shall liquidate its debts in accordance with the provisions of this Law.

Article 7 The debtor may apply to the people's court for reorganization, reconciliation, or bankruptcy liquidation under the circumstances provided for in Article 2 of this Law. 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. If the enterprise legal person has been dissolved but has not been liquidated or has not been liquidated, and the assets are insufficient to pay off the debts, the person who bears the responsibility for liquidation in accordance with the law shall apply to the people's court for bankruptcy liquidation.

The treatment of the company's liquidation debts is as follows:

1. The debtor of the company shall pay off the debts to the company;

2. The liquidation team cleans up the company's property, prepares the balance sheet and property list;

3. The liquidation group uses the company's property to pay off debts;

4. The remaining property shall be distributed according to the proportion of the shareholder's capital contribution or the proportion of shares held by the shareholder.

[Legal basis].Article 107 of the Enterprise Bankruptcy Law.

If the people's court declares the debtor bankrupt in accordance with the provisions of this Law, it shall deliver it to the debtor and the administrator within 5 days from the date of the ruling, and notify the known creditors within 10 days from the date of the ruling, and make an announcement. After the debtor is declared bankrupt, the debtor is called the bankrupt, the debtor's property is called the bankruptcy estate, and the creditor's rights to the debtor when the people's court accepts the bankruptcy application are called bankruptcy claims.

Legal Analysis: Payable Unpaid Employee Wages and Labor Insurance Premiums 2outstanding taxes are due; 3.

Debts have not been liquidated. If it is insufficient to pay off debts in the same order, it shall be repaid in proportion. The liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting or the relevant competent authority for confirmation, and send it to the enterprise registration authority, apply for cancellation of the enterprise registration in a random manner, and announce the termination of the enterprise.

Legal basis: Article 579 of the Civil Code of the People's Republic of China.

If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other unscrupulous monetary debts, the other party may request payment from the other party.