Q&A Regarding New Company Law of China (42)
Q: | What are the consequences of false promises made by shareholders when the company is simplified deregistration? |
A: |
If the company deregistration through a simplified procedure and the shareholders make false promises regarding the company's debt content, they shall bear joint and several liability for the debts before the deregistration. |
Q: | Under what circumstances will the company registration authority deregister the company registration? |
A: |
If a company's business license is revoked, ordered to close down, or cancelled, and it has not applied for deregistration of company with the company registration authority for three years, the company registration authority may make a public announcement through the National Enterprise Credit Information Publicity System, and the announcement period shall not be less than 60 days. After the expiration of the announcement period, if there are no objections, the company registration authority may deregister the company registration. |
Q: | What needs to be done for a company to go bankrupt? |
A: |
If the company is declared bankrupt according to law, bankruptcy liquidation shall be carried out in accordance with relevant laws on enterprise bankruptcy. |
Q: | Do foreign companies need special approval to set up branches in China? |
A: |
When a foreign company sets up a branch in China, it shall apply to the Chinese competent authority and submit relevant documents such as its articles of association and the company registration certificate of the country to which it belongs. After approval, it shall register with the company registration authority in accordance with law and obtain a business license. The examination and approval measures for branches of foreign companies shall be formulated separately by The State Council. |
Q: | How to constitute the name of the branches of foreign company? |
A: |
The branch of a foreign company shall indicate in its name the nationality and form of liability of the foreign company. |