I. Registration of liquidation of creditor's rights
Before the cancellation of a one-person company, the first task is to clean up the registered creditor's rights. The company should sort out all creditor's rights relationships in detail, including accounts receivable and contract payments. , to ensure that every creditor's right has a clear record. At the same time, establish a creditor's rights register to record the types, amounts and debtor information of creditor's rights for subsequent treatment.
Second, the transfer and acceptance of creditor's rights
After the cancellation of a one-person company, its creditor's rights do not disappear automatically, but need to be properly handled. The common way is to transfer the creditor's rights to other enterprises or individuals. When transferring creditor's rights, a creditor's rights transfer agreement should be signed to clarify the rights and obligations of both parties and ensure the legitimacy and effectiveness of creditor's rights. In addition, we can also find a third party willing to undertake the creditor's rights, reach a creditor's rights undertaking agreement through consultation, and transfer the creditor's rights to the undertaking party.
Third, the creditor's rights recourse and litigation
If a one-person company has any creditor's rights that cannot be transferred or accepted after cancellation, the company or creditors can pursue them through legal channels. Including bringing a lawsuit to the court to require the debtor to perform the debt. In this process, it is necessary to provide sufficient evidence to prove the existence and legitimacy of creditor's rights. The court will make a judgment or ruling according to the facts and legal provisions to protect the legitimate rights and interests of creditors.
Four. Notices and announcements to debtors
After the cancellation of a one-person company, it shall promptly notify the relevant debtors and inform them of the handling of their claims. At the same time, according to the law, an announcement should be issued to publicize the cancellation and creditor's rights disposal, so as to ensure that the relevant parties understand and take corresponding legal actions.
To sum up:
After the cancellation of a one-person company, its creditor's rights shall be handled in accordance with the law and regulations, and properly handled by means of creditor's rights clearing, transfer and recourse. In the process of operation, it is necessary to ensure the legitimacy and effectiveness of creditor's rights and protect the rights and interests of creditors. At the same time, notify the debtor in time and make an announcement to ensure that the relevant parties understand and take corresponding legal actions.
Legal basis:
Company Law of the People's Republic of China
Article 188 stipulates:
After the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration and announce the termination of the company.
Contract law of the people's Republic of China
Article 79 provides that:
The creditor may transfer all or part of its rights under this contract to a third party, except in any of the following circumstances: (1) It may not be transferred according to the nature of the contract; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
The prosecution must meet the following conditions: (1) the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.