If the bankrupt has no funds and cannot pay off the debts due, and the assets are insufficient to pay off all the debts or obviously lack solvency, his creditors or debtors shall file a bankruptcy application with the court where the company is located and enter the bankruptcy liquidation procedure. A limited liability company is an enterprise legal person, its shareholders are liable to the company to the extent of their capital contribution, and all its assets are liable to the company's debts. If a limited company only undertakes assets and liabilities and cannot undertake debts, it shall apply for bankruptcy and enter bankruptcy liquidation procedures. The company's debts have nothing to do with the personal property of the company's shareholders, and it is not allowed to claim compensation with the personal property of the shareholders.
Legal basis:
Enterprise Bankruptcy Law of the People's Republic of China
Article 2 If an enterprise as a legal person is unable to pay off its due debts, its assets are insufficient to pay off all its debts or it obviously lacks solvency, it shall clear up its debts in accordance with the provisions of this Law.
Article 113 After the bankruptcy expenses and interest-bearing debts are paid off, the bankruptcy property shall be paid off first in the following order: (1) The wages, medical care, disability allowance and pension expenses owed by the bankrupt to the employees, the basic old-age insurance and basic medical insurance expenses owed to the employees' personal accounts, and the compensation that should be paid to the employees according to laws and administrative regulations; (2) Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph; (3) Ordinary bankruptcy claims. If the bankruptcy property is insufficient to pay off the repayment requirements in the same order, it shall be distributed in proportion. The wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise.
Company Law of the People's Republic of China
essay
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property.
Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 186
After clearing up the company's property, preparing the balance sheet and property list, the liquidation group shall formulate the liquidation plan and report it to the shareholders' meeting, shareholders' meeting or the people's court for confirmation. After paying the liquidation expenses, employees' wages, social insurance expenses and statutory compensation, paying the taxes owed and paying off the company's debts, the company's property shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares of shareholders of a joint stock limited company. During the liquidation period, the company shall survive, but shall not carry out business activities unrelated to liquidation. The company's property shall not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.