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The liquidator is an organization established by the liquidation obligor in accordance with the law and responsible for the liquidation of the company's claims and debts, and is the implementing agency of the company's behavioral capacity in the liquidation, specifically carrying out the company's liquidation affairs.
Scope of the liquidator:The Company Law stipulates that the liquidation group of a limited liability company shall be composed of shareholders, and the liquidation group of shares shall be composed of directors or persons determined by the general meeting of shareholders; If a liquidation team is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation. ThereforeThe liquidation group is actually the sum of the personnel who are specifically engaged in the liquidation work.
The duties of the liquidator include:Liquidation and custody of the company's assets.
Representing the company in civil acts related to liquidation.
Distribution of company assets to shareholders.
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Legal analysis: The functions and powers of the liquidation team during the liquidation period include: (1) cleaning up the company's property, preparing the balance sheet and property clearing calendar respectively; (2) Notify or announce creditors; (3) disposing of the unsettled business of the company related to the liquidation; (4) To pay off the taxes owed and the taxes incurred in the process of liquidation; (5) Liquidating 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.
Legal basis: Article 184 of the Company Law of the People's Republic of China stipulates that the liquidation team shall exercise 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 or announce creditors; (3) Dealing with the unsettled business of the company related to liquidation; (4) To pay off the taxes owed and the taxes incurred in the process of liquidation; (5) Liquidating 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.
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During the liquidation period, the liquidation group shall exercise the following functions and powers: (1) to clean up the company's property and prepare a balance sheet and property list respectively; (2) Notify and announce creditors; (3) Dealing with the unsettled business of the company related to liquidation; (4) To pay off the taxes owed and the taxes incurred in the process of liquidation; (5) Liquidating 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 Public Harmony Division.
Legal basis: Article 184 of the Company Law.
The liquidation team shall exercise 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 or announce creditors; Defeated.
(3) Dealing with the unsettled business of the company related to liquidation;
(4) To pay off the taxes owed and the taxes incurred in the process of liquidation;
(5) Liquidating 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.
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