Q&A Regarding New Company Law of China (41)
Q: | What should be done if the company's assets are insufficient to repay its debts? |
A: |
If the liquidation group finds that the company's assets are insufficient to repay its debts after clearing the company's assets, preparing the balance sheet and property inventory, it shall apply to the people's court for bankruptcy liquidation according to law. |
Q: | What responsibilities should the members of the liquidation group bear if they cause losses to the company? |
A: |
If the members of the liquidation group fails to perform them liquidation duties and causes losses to the company, they shall bear the liability for compensation; If intentional or gross negligence causes losses to creditors, they shall bear the liability for compensation. |
Q: | What needs to be done after the company's liquidation is completed? |
A: |
After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report, submit it to the board of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for deregistration of the company. |
Q: | Under what circumstances can a company apply for simplified deregistration? |
A: |
If the company has not incurred debts or has paid off all its debts during its existence, the company registration can be deregistered through a simplified procedure in accordance with regulations with regulations upon the commitment of all shareholders. |
Q: | What does a company need to do to simplified deregistration? |
A: |
Through the simple procedure to deregistration of the company, it should be announced through the national enterprise credit information publicity system, and the announcement period is not less than 20 days. If there is no objection after the expiration of the time limit for the announcement, the company may apply to the company registration authority for deregistration of the company within 20 days. |