Legal analysis: The procedure of company division is as follows: 1. The company's board of directors formulates the company's division plan, which is similar to the company merger. However, in the company division scheme, besides making arrangements for the reasons and purposes of the division, the status of each company after the division, the articles of association of the company after the division, especially the division of property and debt should be properly handled. Two. Resolution of the Company's Shareholders' Meeting on the Division Scheme The division of the company is a major issue mentioned in the Company Law and should be decided by the shareholders' meeting by special resolution. When the shareholders' meeting decides to adopt this plan, it is especially necessary to adopt the company debt sharing agreement, that is, the agreement that two or more companies will share the debts of the original company in the future. In order to ensure the smooth implementation of the division plan, the board of directors shall be authorized to implement the division plan. Authorization includes filing an application for separation with the competent national authorities and preparing other relevant documents. Three. The board of directors shall prepare the financial and property documents of the company. According to Article 176 of the Company Law, when a company is divided, its property shall be divided. In order to properly handle the division of property, a balance sheet and a property list should be prepared. After being authorized by the general meeting of shareholders, it shall be implemented by the board of directors. Four. The approval of the competent government department is essentially the same as the requirement that the merger of companies must be approved by the competent government department, that is, the division of companies should be based on the approval of the government. The company shall notify the creditors within 10 days from the date of making the resolution of separation, and make an announcement in the newspaper within 30 days.
Legal basis: People's Republic of China (PRC) Company Law.
Article 5 A company engaged in business activities must abide by laws, administrative regulations, social ethics and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities.
The legitimate rights and interests of the company are protected by law and shall not be infringed.
Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.