在线客服 广东注册部 离岸公司注册 综合业务部 商标专利部 会计服务部
    Search
China Registration
Business registration in China
Canton Company Registration
Jiangmen Company Registration
Zhuhai Company Registration
Foshan Company Registration
Nanning Company Registration
Zhongshan Company Registration
The Company Law
Relevant laws and regulations
Inquiry
Service Hotline

Guangzhou corporation:

email: gbd33@163.com

The hotline (16) :

+86 20 61133120

020 6113 3120

020 3829 5993 (fax)

Comprehensive business department:

Telephone:

Susan: 13688873611 (guangzhou)

Peter: 18823089448 (jiangmen)

Anne: 13923362011 (zhuhai)

Top Ranking
·Registration company in H...
·Registration Company in B...
·Registration company in L...
·Registration company in N...
·Registration company in Y...
·Registration company in H...
·Registration company in L...
·Registration company in H...
·Registration company in T...
·Registration company in P...
Monthly Ranking
·(Ord. No. 28 of 2012)Comp...
·Foshan(Fatshan)
·China reverses first-half...
·Tax benefits and burdens ...
·The State Administration ...
·Documents Required of Tra...
·Subchapter II. Formation ...
·Registration company in H...
·China company registratio...
·(Ord. No. 28 of 2012)Comp...
Recommended
·Gov't offers tax incentiv...
·Hongkong company registra...
·U.S. SEC charges ex-execu...
·For the general taxpayer ...
·Delaware company registra...
·Guangdong State Tax Invoi...
·Registration company in L...
·Registration company in H...
·Requirement for Hong Kong...
·Registration company in N...
    The Company Law

(January 1, 2006)The Company Law of the People's Republic of China:Chapter X Dissolution and Liquidation of a Company

2013-07-11 17:04:20 Release Author: Read Flow:3263次
          Article 181 A company may be dissolved under any of the following circumstances:

 (1) The duration of business operation as stipulated by the articles of association expires or any of the matters for dissolution as stipulated in the articles of association of the company appears;

 (2) The shareholders' meeting or the shareholders' assembly decides to dissolve it;

 (3) It is necessary to be dissolved due to merger or division of the company;

 (4) Its business license is revoked or it is ordered to close down or to be canceled according to law; or

 (5) The people's court decides to dissolve it according to Article 183 of this Law.

 Article 182 Where any of the circumstances as prescribed in Article 181 (1) of this Law occurs, a company may continue to exist by modifying its articles of association. To modifying its articles of association according to the provisions of the preceding paragraph, the consent of the shareholders who hold two thirds or more of the voting rights shall be obtained if it is a limited liability company, and the consent of two thirds or more of the voting rights the shareholders who attend the meeting of the shareholders shall be obtained if it is a joint stock limited company.

 Article 183 Where a company meets any serious difficulty during its operation or management so that the interests of the shareholders will be subject to heavy loss if it continues to exist and it cannot be solved by any other means, the shareholders who hold ten percent or more of the voting rights of all the shareholders of the company may plead the people's court to dissolve the company.

 Article 184 Where any company is dissolved according to the provisions of Article 181 (1) , (2) , (4) or (5) of this Law, a liquidation group shall be formed, within fifteen days as of the occurrence of the causes of dissolution, to carry out a liquidation. The liquidation group of a limited liability company shall comprise the shareholders, while that of a joint stock limited company shall comprise the directors or any other people as determined by the shareholders' assembly. Where no liquidation group is formed within the time limit, the creditors may plead the people's court to designate relevant persons to form a liquidation group. The people's court shall accept such request and form a liquidation group so as to carry out the liquidation in a timely manner.

 Article 185 The liquidation group may exercise the following functions during the process of liquidation:

 (1) liquidating the properties of the company, and producing balance sheets and asset checklists;

 (2) informing creditors by notice or public announcement;

 (3) disposing and liquidating the businesses of the company that have not been completed;

 (4) clearing off the outstanding taxes and the taxes incurred in the process of liquidation;

 (5) clearing off credits and debts;

 (6) disposing the residual properties; and

 (7) participating in the civil proceedings of the company.

 Article 186 The liquidation group shall, within ten days as of its formation, notify the creditors, and shall make a public announcement within 60 days on newspapers. Creditors shall, within thirty days as of the receipt of a notice or within 45 days as of the issuance of the public announcement in the case of failing to receiving a notice, declare credits against the liquidation group.

To declare credits, a creditor shall explain the relevant matters and provide relevant evidential materials. The liquidation group shall check in the credits, and may not clear off any of the debts of any creditor during the period of credit declaration.

 Article 187 The liquidation group shall, after liquidating the properties of the company and producing balance sheets and checklists of properties, make a plan of liquidation, and report it to the shareholders' meeting or the shareholders' assembly or the people's court for confirmation.

The residual assets that result from paying off the liquidation expenses, wages of employees, social insurance premiums and legal compensation premiums, the outstanding taxes and the debts of the company with the assets of the company may, in the case of a limited liability company, be distributed according to the proportions of capital contributions of the shareholders, and in the case of a joint stock limited company, according to the proportions of shares held by the shareholders. During the term of liquidation, the company continues to exist, but may not carry out any business operation that has nothing to do with liquidation. None of the properties of the company may be distributed to any shareholder before they are used for the clearing off as stated in the preceding paragraph.

 Article 188 If the liquidation group finds that the properties of the company is not sufficient for clearing off the debts after liquidating the properties of the company and producing balance sheets and checklists of properties, it shall file an application to the people's court for bankruptcy. Once the people's court makes a judge declaring the bankruptcy of the company, the liquidation group shall hand over the liquidation matters to the people's court.

 Article 189 After liquidation of the company is completed, the liquidation group shall formulate a liquidation report, which shall be submitted to the shareholders' meeting or the shareholders' assembly or the people's court for confirmation and shall be submitted to the company registration authority for deregistration. It shall also make a public announcement on its termination.

 Article 190 The members of the liquidation group shall devote themselves to their duties and fulfill their obligations of liquidation according to law.

None of the members of the liquidation group may take any bribe or any other illegal proceeds by taking advantage of his position, nor may he misappropriate any of the properties of the company. Where any of the members of the liquidation group causes any loss to the company or any creditor by intention or due to severe negligence, he shall make corresponding compensations.

 Article 191 Where a company is declared bankrupt according to law, it shall carry out bankruptcy liquidation in accordance with the provisions concerning bankruptcy liquidation.

 

 

 


        The above are the Gold Brand Consulting limited collection arrangement,Please give sources if someone likes to quote,you can contact customer service  for any business and call to 020-61133120 in any times,thank you!

Website www.chinagbd.com Guangzhou Golden Enterprise Management Consultants Ltd. All rights reserved Privacy Policy
Guangzhou Tel 020 -61133120 (16 lines) Fax 020 -38295993 link QQ: 442696085
Mobile: 13688892090 Miss Chen Luo 13688873611 email: gbd33@163.com

Add:Room220,  Upzone,  20Haiming  Road,  Zhujiang New Town, Tianhe, GuangZhou


Online Service