5 thoughts on “What about the company’s bankruptcy liquidation program”

  1. In accordance with the “Enterprise Bankruptcy Law of the People’s Republic of China (trial)” and “Civil Procedure Law of the People’s Republic of China”, the procedure of the company’s bankruptcy and liquidation is as follows.
    1. Establish a liquidation group. The people’s court shall set up a clearing group within 15 days from the date of declaration of corporate bankruptcy to take over bankruptcy enterprises. The liquidation team shall consist of shareholders, relevant agencies and professionals.
    2, the liquidation group takes over the bankruptcy company. After the people’s court announced that after bankruptcy, the bankruptcy enterprise was taken over by the liquidation group, responsible for the management, cleaning, valuation, processing, and distribution of the property of the bankruptcy enterprise. It represents the participation of bankruptcy companies to participate in civil activities. The behavior of the people’s court is responsible for and reporting the work.
    3, allocation of bankruptcy property. The allocation of bankruptcy property shall be proposed by the liquidation group to discuss and approve the discussion at the creditor’s meeting. After the people’s courts are approved, the clearing group shall be implemented. Before the liquidation group allocates bankruptcy property, the liquidation fee shall be allocated first, including: (1) bankruptcy property management The cost required for sale and distribution; (2) litigation costs of bankruptcy cases; (3) other expenses paid in the bankruptcy procedure for the common interests of creditors. After the bankruptcy property is given priority to paying the liquidation costs, the following order is settled in the following order: (1) the salary and labor insurance costs arrears of employees arrears; (2) bankruptcy enterprises in arrears; (3) bankruptcy claims.
    4, the liquidation end. The liquidation distribution of bankruptcy property is completed, and the liquidation team reports the liquidation and distribution work to the people’s court, and applies for the people’s court to rire to end the bankruptcy end.
    5/cancellation registration. Enterprises bankruptcy, bankruptcy property is distributed, corporate legal person termination of its civil behavior in accordance with the law.

  2. The debt settlement of bankruptcy property when bankruptcy. The bankruptcy property refers to all the property for bankruptcy and bankruptcy before the end of the bankruptcy announcement and the end of the bankruptcy procedure. The order of settlement of bankruptcy property is: 1. The bankruptcy cost of bankruptcy costs includes: litigation costs of bankruptcy cases; the cost of management, price change and distribution of debtor’s property; the cost of the manager’s execution of the duties, and the cost of hiring staff. 2. Together Debt Together’s Debt refers to the common interests of all creditors and the smooth progress of bankruptcy procedures after the people’s court accepts the application of bankruptcy. 3. After the bankruptcy property is settled for the bankruptcy expenses and the co -benefits of the debt, it is settled in accordance with the following order: (1) the salary and medical treatment, disability subsidies, and pension costs owed by the employees owed by the bankruptcy. Pension insurance, basic medical insurance costs, and compensation for employees should be paid to employees by laws and administrative regulations; Ordinary bankruptcy claims. If the bankruptcy property is not enough to settle the requirements of the same order, it will be allocated in proportion. Legal basis: Article 113 The Bankruptcy Property of the “Enterprise of the People’s Republic of China” of the Corporation of the People’s Republic of China is settled in accordance with the following sequences after preferred bankruptcy costs and co -benefit debt: (1) the salary, medical, and disability owned by the employees owed by the bankruptcy people For subsidies and pensions, the basic pension insurance, basic medical insurance costs, and laws and administrative regulations shall be paid to employees for the basic pension insurance, basic medical insurance costs, and laws and regulations of the employee’s personal account. Social insurance expenses and tax banks owed by bankruptcy; (3) ordinary bankruptcy claims. If the bankruptcy property is not enough to settle the requirements of the same order, it will be allocated according to the proportion. The salary of directors, supervisors and senior managers of bankruptcy companies is calculated in accordance with the average salary of the employees of the company.
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  4. Procedures for the company’s bankruptcy liquidation:

    . The first step of the settlement of the liquidation group

    Similarly, under normal circumstances, the establishment of the liquidation group shall be carried out in accordance with the provisions of Article 184 of the Company Law, and the liquidation group will be established within 15 days from the date of the emergence of the dissolution. The liquidation team of the joint -stock company consists of personnel determined by the director or shareholders’ meeting. If the designated liquidation, in this article, when the dissolved company does not set up a liquidation group within the time limit stipulated by the law, the creditors apply for the settlement of the relevant personnel of the people’s court to form a liquidation group. Specifies that the shareholders and intermediaries can be carried out together, or they can be set up by the personnel of the intermediary agency. After the establishment of the liquidation team, the team leader should be elected, and then the discussion rules and conference systems in the clearing process should be formulated, and the work plan is prepared. The next step is the specific steps and methods of liquidation in the liquidation group.

    . Takeover the company

    The original legal representative of the company shall be fully transferred to the company’s management power to the clearing group. n. The company’s official seal should strictly control the use and storage of the company’s official seal after entering the liquidation;

    . The booking should be registered in accordance with the classification of mobile assets and fixed assets;

    . Various legal documents such as contract documents and agreement shall be compiled;

    5. Accounts Account book, subpoena, vouchers, blank checks, etc.;

    6. Famous registers of employees, including the roster containing all staff members of the job and retirement, detailed records of working age, type of work, employment form, salary and salary arrears , Social security arrears, etc.;

    7. The priced securities purchased by the enterprise, the right to enjoy the intangible assets; material.

    . Clean up the company’s property

    First of all, the liquidation team should determine the company’s property scope. This property scope generally includes: all the property of the company’s management and management; ; The company enjoys the equity when it is dissolved; other property rights enjoyed by the company.

    It, the liquidation team should take over the company’s property. Inspection and registration of the company’s physical and creditor’s rights; at the same time, confirm the claims enjoyed by the company; investigate the company’s foreign investment; register other rights of the company; finally, the company’s non -money property is estimated.

    . Finally, the liquidation team shall require the holders of the property of the liquidation company to return their property. If the corresponding property cannot be refunded, the corresponding holder can be settled by the price; if the liquidation company is outward, Investment should be recovered in strict accordance with the requirements of the “Company Law” and relevant laws and regulations; the relevant shareholders shall be instructed to pay the contribution that has not been paid or withdrawn.

    . Pressing the company’s debt

    The debt of the company generally includes bank borrowing, payment of payment, salary, unpaid taxes, special payments, and other contractual obligations. The confirmation and registration of the debt to take over the company’s debt is the most important task for the confirmation of debt to take over the debt. Usually, the reasons and basis for the debt generated should be reviewed, and the contracts generated by the corresponding debt should be reviewed. After the confirmation of the debt of the company’s debt without illegal contracts or the debt that should be borne by the company, the debt registration registered by the liquidation team will be obtained.

    . Establishing a liquidation account

    The liquidation account should be set up while the liquidation group takes over the company, because the liquidation team will occur at the beginning of the work. Conditioning for normal production and operation, it cannot meet the needs of the liquidation business. Therefore, the liquidation fee account and liquidation profit and loss account should be established in a timely manner. 6. Notification or announcement of the creditor’s declaration of creditor’s rights, registering the claim

    “Company Law” Article 186 stipulates: “The liquidation group shall notify the creditors within 10 days from the date of establishment, and newspapers will be newspapers within 60 days. The announcement. Within 30 days from the date of receiving the notice, the creditors should notice the notice within 45 days of the notice, and declare their claims to the liquidation group. ” : Notice or announce the creditors to declare the claims; register the claims to check whether there is a missed creditors; the creditor’s claims declare the proof materials. After the declaration is over, the liquidation team shall prepare the debt and debt inspection report form to facilitate timely collection of creditor’s rights, settle debts, and resolving disputes.

    7. The company that handles the company that does not settle related to liquidation, and receive the company’s creditor’s rights

    In order to settle the company’s unfinished business, the liquidation team ended the company’s various legal relations. Some necessary business activities can be carried out in the scope of “for the company’s business”. The main tasks of the clearing team in this link include: to clean up the contracts that have not been fulfilled in order to settle the company’s existing business, including continuing to perform or terminate the performance or termination of the contract; collect receivables, recover claims; represent the company participating in civil lawsuits on behalf of the company to participate in civil lawsuits Activity. Because different claims have different situations, different strategies should be specified to realize the recycling of claims.

    8. Participating in the company’s litigation activities

    In company cleaning activities, there will be disputes with other related entities. At this time Participate in civil lawsuits and resolve disputes through litigation. The liquidation team can hire a lawyer on behalf of the company for litigation.

    9. Processing company property

    Because most of the company’s settlement in liquidation is money settlement, so the liquidation team is necessary to change the price of the company’s corresponding assets, transfer to transfer, transfer In the form of currency.

    ten. Preparation of balance sheets and property lists

    In after the company’s debt is cleaned up, after the debt registration is clear and the property is processed And property list. After the relevant reports are completed, if the company’s property can claim the company’s debt, it will be settled in the legal order; if it may not be enough to settle, the creditors will be notified in a timely manner to solve it. Clear activities and applied to the people’s court to declare bankruptcy.

    11. Formulating a liquidation plan

    In the liquidation group should formulate a clearing plan after cleaning up the company’s property, preparing the balance sheet and property list, and report to the shareholders meeting of the liquidation company or The People’s Court confirmed that the shareholders’ association or the people’s court has the right to put forward suggestions and opinions on the amendments and opinions of the liquidation scheme, which will be modified by the liquidation team until passed.

    . 12. Confirmation and implementation of the liquidation scheme

    The scheme formulated by the liquidation group can be executed according to the liquidation scheme. According to the relevant provisions of the “Company Law” in my country, the order of settlement is generally:

    (1) Payment of cleaning costs;

    (2) Payment of salary, social insurance costs and statutory statutory Compensation;

    (3) pay the owed tax;

    (4) Clear corporate debt;

    (5) Allocate the remaining property. 13. Submit the liquidation report

    Pelasium after the clearing of the company, the liquidation team shall produce a clearing report, and produces the revenue and expenditure report during the liquidation period and various accounts. Or the competent government department will confirm the authenticity and legitimacy of these materials.

    The content of the liquidation report includes:

    (1) The cause and date of the company’s dissolution;

    (2) The composition of the liquidation group; n
    (3) The form of liquidation;

    (4) The steps and arrangements of liquidation;

    (5) Confirmation and treatment of corporate debt and debt;

    (6) liquidation scheme;

    (7) The implementation of the liquidation scheme;

    (8) members of the liquidation team perform their duties; n
    (9) Other content to be explained.

    If 14. Application registration

    This reports during the liquidation report and clearing period during the liquidation period, and various account book volumes are confirmed Later, the liquidation team shall submit the clearing report to the company’s registration authority to apply for cancellation registration. After approval by the company’s registration authority, the announcement company terminated.

  5. According to the “Enterprises of the People’s Republic of China” and “Civil Procedure Law of the People’s Republic of China”, the procedure for the company’s bankruptcy and liquidation is:
    1. Establishing a liquidation group. The people’s court shall set up a clearing group within 15 days from the date of declaration of corporate bankruptcy to take over bankruptcy enterprises. The liquidation team shall consist of shareholders, relevant agencies and professionals;
    2. The liquidation team takes over the bankruptcy company. After the people’s court announced that after bankruptcy of the enterprise, the bankruptcy enterprise was taken over by the liquidation group, responsible for the management, cleaning, valuation, processing, and distribution of the property of the bankruptcy enterprise. n3, allocating property distribution. The allocation of bankruptcy property shall be distributed by the liquidation group, discussed and approved at the creditor’s meeting, and the liquidation group will be implemented after being approved by the people’s court;
    before the bankruptcy group is allocated to the bankruptcy property, the liquidation fee should be allocated, including:
    (1) The cost required for bankruptcy property management, selling, and allocation;
    (2) litigation costs of bankruptcy cases;
    (3) Other expenses paid in the common interests of creditors in the bankruptcy procedure Essence
    In bankruptcy property, after the priority payment of the liquidation cost, settle in the following sequence:
    (1) Wages and labor insurance costs arrears of bankruptcy companies; R n (3) bankruptcy claims.
    4, the liquidation end. The liquidation distribution of bankruptcy property is completed, and the liquidation team reports the liquidation and distribution work to the people’s court, and applies for the people’s court to rire to end the bankruptcy end. The claims that have not been settled will not be settled, and the settlement will not be settled;
    5. The cancellation registration. Enterprises bankruptcy and bankruptcy property have been distributed, corporate legal persons terminated their civil behavior in accordance with the law. The liquidation team applied to the original registered company’s original company registration from the original registration authority of the bankruptcy company.
    The above knowledge is the relevant answer to the question of “how the company’s bankruptcy liquidation procedure”. If you still have relevant legal questions, you can pay attention to litigation and private information consultation.

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