How to write off shareholders' losses

Legal analysis

Shareholders who have lost contact can convene a shareholders' meeting, draw up resolutions of the shareholders' meeting, conduct liquidation, and then go to the industrial and commercial bureau for cancellation. According to the Regulations of the State Administration for Industry and Commerce on the Administration of the Registration of Legal Representatives of Enterprises as Legal Persons: "A limited liability company or a joint stock limited company needs a resolution of the shareholders' meeting, the shareholders' meeting or the board of directors, but the original legal representative cannot perform or fail to perform his duties, so that the shareholders' meeting or the board of directors cannot be convened according to legal procedures, a director can be elected by more than half of the directors, or the shareholders who contribute the most or hold the most voting rights of shares or their designated representatives can convene and preside over the meeting and make a resolution according to law. According to relevant regulations, a company applying for change registration shall submit the following documents to the company registration authority: (1) an application for change registration signed by the legal representative of the company; (2) resolutions or decisions on changes made in accordance with the Company Law. (3) Other documents required by the State Administration for Industry and Commerce. Where the company's change of registration matters involves the revision of the articles of association, it shall submit the revised articles of association or amendments to the articles of association signed by the company's legal representative.

Legal analysis

Article 72 of the Civil Code of People's Republic of China (PRC) * * * During the liquidation period, a legal person shall survive, but shall not engage in activities unrelated to liquidation. The remaining property of a legal person after liquidation shall be disposed of in accordance with the provisions of the articles of association of the legal person or the resolution of the authority of the legal person. Where there are other provisions in the law, those provisions shall prevail. The legal person shall terminate when the liquidation is completed and the registration of the legal person is cancelled; If it is not necessary to register as a legal person according to law, the legal person shall be terminated at the end of liquidation.