I am very confused about the deregistration of the company and the rights and interests of sharehold

Updated on Financial 2024-05-29
10 answers
  1. Anonymous users2024-02-11

    1. The company can be cancelled, but the formalities have nothing to do with the number of ** east, and it will not add any trouble, on the contrary, if you transfer the equity to him, he has to register or something.

    2. As a minority shareholder of the company, you have the right to inquire about the company's accounts, and if he does not allow you to check it, you can apply to the court for permission. You will know where the money is going in the account.

    3. As for the reimbursement of expenses, it depends on whether your company's articles of association or agreement have made provisions, and there are provisions to implement them in accordance with the regulations.

    4. What you can do is to find a lawyer and an accountant to see how much your rights and interests have been violated, and whether it is worth a lawsuit.

  2. Anonymous users2024-02-10

    You should go to the law firm for a consultation.

    And said that I should first write a document for the transfer of ** rights to him, so that the company will become a ** east, and it will be simple for him to go through the cancellation procedures.

    Beware of being scammed.

  3. Anonymous users2024-02-09

    If there is indeed evidence to prove that the other owner has reimbursed his personal expenses privately, you can ask the shareholder to return that part of the property.

    Also, don't trust him to transfer shares to him for easy cancellation.

  4. Anonymous users2024-02-08

    1.You can't just sign any equity transfer documents.

    2.When you are a partner, you don't know if there is a partnership agreement, you can refer to it.

    3.You can ask an accountant to liquidate the company's accounts to determine the exact assets of the company.

    4.Finally, it will be liquidated with the partners.

  5. Anonymous users2024-02-07

    Legal analysis: Under normal circumstances, after the company is deregistered, the shareholders are not liable for the debts of the original company The independent legal entity of **** is like a veil that separates the responsibilities of the company and the shareholders, even if the company's property is not enough to repay the company's debts, the company's shareholders are not subject to the recourse of the company's creditors. After the company has gone through the legal cancellation procedure, it loses its legal entity status, and neither the company nor the shareholders are liable for the company's previous debts.

    Legal basis: "Company Law of the People's Republic of China" Article 20 If a shareholder of a company abuses the company's status as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

  6. Anonymous users2024-02-06

    The company's non-deregistration will affect the rights and interests of shareholders. Smooth.

    If the company is not deregistered normally and does not participate in the annual inspection of industry and commerce in accordance with the regulations, the business license will be revoked by the industrial and commercial bureau, and the legal representative and shareholders of the revoked company will be included in the blacklist of the industrial and commercial bureau, and the company will not be able to register again within three years; The bank's personal credit history will remain bad for seven years and will be subject to a fine; The tax policy is permanently included in the monitoring blacklist, and if the company is re-registered, it will be retroactively fined by the tax authorities.

    Legal basis] Article 30 of the Regulations on the Administration of Registration of Enterprise Legal Persons, if an enterprise legal person falls under any of the following circumstances, the competent registration authority may, according to the circumstances, give a warning, a fine, confiscation of illegal gains, suspension of business for rectification, withholding, or revocation of the "Business License of an Enterprise Legal Person".

    1) Concealing the true situation in the registration, falsifying the business, or opening the business without the approval of the pre-state registration;

    2) Changing the main registration items without authorization or engaging in business activities beyond the scope of business approved for registration;

    3) Failure to handle cancellation of registration in accordance with provisions;

    4) Falsifying, altering, leasing, lending, transferring, or selling copies of the "Business License for Enterprise Legal Person" or "Business License for Enterprise Legal Person";

    5) Evading or transferring funds, or concealing assets to evade debts;

    6) Engaging in illegal business activities.

    When an enterprise legal person is punished in accordance with the above provisions, the administrative and economic responsibility of the legal representative shall be pursued according to the circumstances of the illegal act; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.

  7. Anonymous users2024-02-05

    The company does not cancel the rights and interests that affect shareholders. If the business license is not inspected annually and tax declared in accordance with the regulations. After that, it will be affected to open your own company stove and rotate. According to the relevant laws and regulations, the company shall be deregistered after it ceases to operate.

    Legal basis] Article 38 of the Regulations on the Administration of Company Registration.

    If there is a change in the registration items of a company that exists as a result of a merger or a hidden letter division, it shall apply for a change in registration; A company dissolved due to merger or division shall apply for cancellation of registration; A newly established company as a result of a merger or division shall apply for establishment registration.

    In the event of a merger or division of a company, it shall apply for registration after 45 days from the date of the announcement, and submit the merger agreement and the resolution or decision of the merger or division, as well as the relevant proof of the company's merger or division announcement published in the newspaper and an explanation of the debt repayment or debt guarantee. If laws, administrative regulations or decisions stipulate that the merger or division of a company must be submitted for approval, the relevant approval documents shall also be submitted.

  8. Anonymous users2024-02-04

    Legal analysis: the company's non-cancellation will affect the rights and interests of the shareholder. If the company is not deregistered normally and does not participate in the annual inspection of industry and commerce in accordance with the regulations, the business license will be revoked by the industrial and commercial bureau, and the legal representative and shareholders of the revoked company will be included in the monitoring blacklist by the industrial and commercial bureau, and the company will not be able to register again within three years; The bank's personal credit history will remain bad for seven years and will be subject to a fine; The tax will be permanently included in the monitoring of the black name and the list, if the company is re-registered, it will be retroactively fined by the tax authorities.

    Legal basis: "Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons" Article 29 In any of the following circumstances, the competent registration authority may, according to the circumstances, give warnings, fines, confiscation of illegal gains, suspension of business for rectification, withholding, and revocation of the "Business License of Enterprise Legal Persons".

    1) Concealing the true situation, falsifying or opening a business without approval of registration;

    2) Changing the main registration items without authorization or engaging in business activities beyond the scope of business approved for registration;

    3) Failure to handle cancellation of registration in accordance with provisions;

    4) Falsifying, altering, leasing, lending, transferring, or selling copies of the "Business License for Enterprise Legal Person" or "Business License for Enterprise Legal Person";

    5) Evading or transferring funds, or concealing assets to evade debts;

    6) Engaging in illegal business activities.

    When punishing an enterprise legal person in accordance with the above provisions, the administrative and economic responsibility of the legal representative shall be pursued according to the circumstances of the illegal act; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.

  9. Anonymous users2024-02-03

    Legal analysis: Under normal circumstances, after the company is deregistered, the shareholders are not responsible for the debts of the original company, and the independent legal entity of the company is like a veil that separates the responsibilities of the company and the shareholders, even if the company's property is not enough to repay the company's debts, the company's shareholders are not subject to recourse by the company's creditors. After the company has gone through the legal cancellation procedure, it loses its legal entity status, and neither the company nor its shareholders are liable for the previous debts of the company.

    Legal basis: Company Law of the People's Republic of China Article 20 If a shareholder of a company abuses the independent status of the company's legal person and the limited liability of the shareholders, evades debts, and seriously damages the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

  10. Anonymous users2024-02-02

    Legal analysis: The resolution for the dissolution of a general limited liability company shall be passed by the shareholders holding more than two-thirds of the voting rights on behalf of the company. Therefore, a two-shareholder company cannot pass a resolution to dissolve the company by only one person.

    However, a case of dissolution of the company can be filed with the court, and after the court decides that the company is dissolved, the company is liquidated, and the whereabouts of the company's shareholders are unknown, the French Court may compulsorily liquidate. After the liquidation of the company is completed, the Gongchun Imperial Division can be cancelled.

    Article 180 of the Company Law of the People's Republic of China A 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 as stipulated in the articles of association;

    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) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

    5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.

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