Q&A Regarding New Company Law of China (38)
Q: | What does the company need to do after it makes a separation resolution? |
A: |
The company shall notify creditors within 10 days from the date of making the separation resolution, and publish an announcement in newspapers or the National Enterprise Credit Information Publicity System within 30 days. |
Q: | How will the debts before and after the separation of the company be borne? |
A: |
The debts of the company before the separation shall be jointly and severally liable by the company after the separation. However, unless otherwise agreed upon in a written agreement between the company and its creditors regarding debt repayment prior to the separation. |
Q: | What does the company need to do after making a resolution to reduce its registered capital? |
A: |
The company shall notify the creditors within 10 days from the date of the board of shareholders to reduce the registered capital resolution, and publish an announcement in newspapers or the National Enterprise Credit Information Publicity System within 30 days. |
Q: | Can the company reduce its registered capital to cover losses? |
A: |
If the company still has a loss after using the statutory reserve fund and the capital reserve fund to cover loss, it can reduce the registered capital to cover loss. Where a company reduces its registered capital to cover losses, it may not distribute it to shareholders, nor shall it exempt shareholders from the obligation to pay capital contributions or share payments. |
Q: | Does the company need to notify creditors when it reduces its registered capital to cover losses? |
A: |
The company does not need to notify creditors when it reduces its registered capital to cover losses, but it should still publish an announcement in newspapers or the National Enterprise Credit Information Publicity System within 30 days from the date when the board of shareholders makes a resolution to reduce the registered capital. |