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This is not necessarily an abuse of the legal person, there are some things that cannot be explained in a few simple words, and if you can change it, then no problem.
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This should not be considered an abuse of the legal person, because if they change it like this, they must be trying to avoid something.
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The company has a debt dispute, and the parent has changed the legal person, but the same person, this should not be abused, and the legal representative should say that it is okay to change the notarization, otherwise it will not work.
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I just checked for you, and according to the relevant information, this is already an abusive legal person.
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If a subsidiary has debts, it is the same person as your company changing the legal person of the subsidiary, is it counted as a durable legal person? The subsidiary has a debt dispute, the company and the company are the same person, but the durable legal person.
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No, this kind of professional behavior and the change of legal person do not affect.
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This is also an abuse of the law.
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You can still sue, this person can change it if he wants to, there is nothing illegal about it.
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I'm glad to ask, and I'm going to ask you about the liquor here, and the legal person is pulling back to the group.
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If the subsidiary has a debt dispute, the legal person who changes the subsidiary is the same person. Of course, this is an indiscriminate use of a corporation.
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If the subsidiary has a debt dispute, the parent company changes the legal person of the subsidiary to the same person, is it considered an abuse of the legal person? It is not considered an indiscriminate use, and the corporation of the head office can also be the corporation of the subsidiary.
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If the subsidiary has debts, the parent company changes the legal entity of the subsidiary, and it is the same person, which is not an abusive legal person.
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My company has changed its son, and the legal person of the company is the same person, this is not considered an abuse of legal person, you can consult a lawyer.
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Hello, if there is a debt dispute in the subsidiary, and the parent company replaces the legal person of the subsidiary by the same person, in this case it is not considered an abuse of the legal person, which is a normal situation.
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Summary. One way to deal with it is that the parties can negotiate the debt dispute, and the parties will communicate and negotiate the debt dispute carefully as much as possible to determine the interests of both parties. If the parties cannot reach an agreement during the negotiation, they can file a lawsuit with the people's court and ask the court to make a judgment in accordance with the law.
One way to deal with the problem is that the two parties can ignore the negotiation of the debt dispute, and the two parties will communicate and negotiate carefully on the debt dispute as much as possible to determine the interests of both parties. If both parties are unable to reach an agreement during the negotiation, they may file a lawsuit with the people's court and ask the court to make a judgment in accordance with the law.
1.The parties should first try to settle as much as possible, and the parties should reach an agreement on dispute negotiation, mediation or arbitration. If the conciliator cannot reach an agreement, the facts are relatively clear, and there is no disputed circumstance, a lawsuit can be filed in court.
2.Since both parties are the same legal person, the company may apply for the legal representative to act as the legal representative when hearing the dispute. At the time of application, it is necessary to explain why the financial statements, accounting accounts, identity certificate of the transferee, transferred bills, contract for assignment of creditor's rights and other documents cannot be presented.
3.If the two companies have the conditions to issue a joint understanding to adjust the outcome of the litigation, the two parties may consider submitting a letter of understanding to the court under the legal representative to adjust the litigation outcome of the case and reduce or exempt the debt dispute in the case.
It's not about asking this Yizhou to think about it! My question is, if the same legal person, two companies, and one company registers the debts of the Macro Knowledge, will it be directly enforced by the other main question.
Under normal circumstances, different heads of the same legal entity are independent of each other, and the court will not directly enforce another company. However, if there is evidence that there is a movement of funds or assets between the two companies, they may be subject to collective enforcement.
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Summary. It is possible to change the legal entity, but in most cases, the consent of the head office is required. Because subsidiaries are subordinate to subsidiaries.
If the head office and the subsidiary are the same legal person, can the subsidiary owed by the head office sell and change the legal person?
It is possible to change the legal entity, but in most cases, the consent of the head office is required. Because subsidiaries are subordinate to subsidiaries.
It is possible to change the legal entity, but in most cases, the consent of the head office is required. Because the company is affiliated with a subsidiary.
If the head office owes debts, is the subsidiary liable?
No. The debt subsidiary of the head office (parent company) is not liable. According to the provisions of the "Company Law Hengmu", this Tong company has an independent legal personality, independently bears civil liability in accordance with the law, and is not attached to the parent company, nor does it have to be responsible for the debts of the parent company.
The parent company is the same legal entity.
At present, the assets of the head office and the legal person are all frozen, and this package does not include the subsidiaries of the legal person.
The company's assets are not frozen.
The assets of legal persons and head offices are frozen, but the assets of subsidiaries are not frozen.
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Summary. Dear, hello, I am happy to answer for you After the separation of the subsidiary and the parent company, the legal person is not the same person, and the subsidiary and the parent company are two independent legal persons.
Dear, hello, very happy to answer for you after the separation of the subsidiary and the parent company, the legal person is not the same person, and the subsidiary and the parent company are two independent legal persons.
Legal analysis: the subsidiary and the parent company are not the same legal person after separation, and the subsidiary and the parent company have two separate legal persons, so it is not the same person who violates the law. The subsidiary is an independent company, and it is an independent legal person, and the subsidiary must bear independent legal responsibility.
Legal basis: Article 14 of the Law of the People's Republic of China on the Company of the People's Republic of China and the People's Republic of China may establish a branch office. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license.
The branch does not have the status of a legal person, and its Minshi Min is responsible for the company. A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
Do I need to hold a meeting with the employees of the two companies when they are separated?
There is no need to hold a meeting with the company's employees when the two companies are separated. It is only necessary for the shareholders of the company to meet and discuss.
Do employees have housing subsidies now?
Housing subsidies for pro-employee employees depend on the company's policies, and not all of them are available.
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Legal analysis: If two companies bear each other's debts, in principle, they can offset each other, which has nothing to do with who the legal representative is. In fact, a company is a company, and a legal representative is a legal representative, and the two cannot be confused.
Legal basis: The Civil Code of the People's Republic of China Article 67 Where legal persons are merged, their rights and obligations shall be enjoyed and borne by the merged legal person. In the case of a division of the legal person, the rights and obligations of the legal person after the division shall enjoy joint and several creditor's rights and bear joint and several debts, unless otherwise agreed by the creditor and the debtor.
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Hello I am happy to answer for you, how to deal with the debt dispute between two companies and the same legal person, if the two companies bear each other's debts, in principle, they can offset each other, which has nothing to do with who the legal representative is. In fact, a company is a company and a legal representative is a legal representative, and the two cannot be confused. The legal basis is as chaotic as follows:
Civil Code of the People's Republic of China Article 67 Where legal persons are merged, their rights and obligations are enjoyed and borne by the merged legal person. Where a legal person is divided, its rights and obligations shall be jointly and severally claimed and jointly and severally borne by the legal person after the division, unless otherwise agreed upon by the creditor and the debtor.
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Hello dear, dear, hello. I am glad to answer for you, if the debt dispute between two companies and the same legal person is mutually livial, in principle, they can offset each other, which has nothing to do with who the representative of the legal person is in Lujian. In fact, a company is a company, and a legal representative is a legal representative, and the two cannot be confused.
Legal basis: Article 67 of the Civil Code of the People's Republic of China If a legal person merges and disassembles pants, its rights and obligations shall be enjoyed and borne by the merged legal person. Where a legal person is divided, its rights and obligations shall be jointly and severally obligated by the legal person after the division, and joint and several debts shall be borne by the legal person, unless otherwise agreed upon by the creditor and the debtor.
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