Article 45 An enterprise as a legal person shall terminate for one of the following reasons:
(1) It has been revoked according to law; (2) dissolution; (3) Declaring bankruptcy according to law; (4) Other reasons.
Article 46 When an enterprise as a legal person terminates, it shall cancel its registration with the registration authority and make a public announcement.
Article 47 When an enterprise as a legal person is dissolved, a liquidation organization shall be established for liquidation. Where an enterprise as a legal person is revoked or declared bankrupt, the competent authority or the people's court shall organize relevant organs and personnel to set up a liquidation organization to carry out liquidation.
To sum up, the dissolution of an enterprise as a legal person is a form of termination of an enterprise as a legal person.
When applying to the competent authority for dissolution, an enterprise as a legal person shall cancel its registration and make an announcement.
Does a limited company need to make an announcement to inform creditors to increase capital? No, because capital increase is beneficial to creditors and more conducive to the realization of creditor's rights. Only capital reduction, division and merger need to be declared.
Why do companies have to pay registered capital when they are established and dissolved? Note that the registered capital of a company is the size of the responsibility that the company can undertake as an economic entity.
First of all, why are most companies called "XX Limited Liability Company" or "XX Limited Liability Company"?
The limited liability here means that the shareholders of the company bear limited liability for the debts of the company, and the amount of liability is the registered capital of the company.
Is it necessary to announce the establishment of a limited liability company? Why? 1, the current relevant regulations, the establishment of a limited company should be announced;
2. The main legal basis should be: Article 23 of Chapter 8 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC), and the Announcement of Registration of Enterprise Legal Persons issued by the registration authority.
Will the business license be revoked if the company does not open for 7-8 months after its establishment? No, as long as the financial statements are normal every month, you should register at the tax office every month. If you do the annual review of normal enterprises every year, there will be no task problem.
Do all joint stock limited companies need to make an announcement after their establishment? Or do you just need to announce the establishment of the fundraising, thank you! According to Article 95 of the Company Law, a joint stock limited company shall make an announcement after being approved by the administrative department for industry and commerce.
If the company is in debt, can creditors take away the company's business license and so on? I don't think so, unless there is an agreement in advance. It is recommended to consult a lawyer on this matter.
When consulting, you'd better provide the loan agreement you listed at that time and the consequences of subsequent default, otherwise there will be some trouble.
How to write the announcement of company establishment? It is not very important to download this from the website of the industrial and commercial bureau or other websites. . .
Do mainland listed companies need to announce the establishment of subsidiaries? Are there any relevant regulations? The company's major investment behavior and major decision to purchase real estate need to be announced.
According to the Measures for the Administration of Information Disclosure of Listed Companies
Article 30 When a major event occurs that may have a significant impact on the trading price of listed companies' securities and their derivatives, and investors are unaware of it, listed companies shall immediately disclose the cause, current situation and possible impact of the event.
The major events mentioned in the preceding paragraph include:
(a) major changes in the company's business policy and business scope;
(2) the company's major investment behavior and major decisions on purchasing real estate;
(3) The conclusion of an important contract by the company may have an important impact on the company's assets, liabilities, rights and interests and operating results; (4) The company has major debts but fails to pay off the due major debts, or is liable for a large amount of compensation; (5) The company has suffered heavy losses or serious losses;
(6) Significant changes have taken place in the external conditions of the company's production and operation;
(7) The directors, supervisors or managers of the company 1/3 or above have changed; The chairman or manager is unable to perform his duties; (8) Significant changes have taken place in the shareholding or control of the company by shareholders or actual controllers who hold more than 5% of the shares of the company;
(9) Deciding on capital reduction, merger, division, dissolution and filing for bankruptcy of the Company; Or enter bankruptcy proceedings according to law and be ordered to close down; (10) Major litigation or arbitration involving the company, and the resolutions of the shareholders' meeting and the board of directors are revoked or declared invalid according to law; (11) The company is suspected of violating laws and regulations and has been placed on file for investigation by the competent authority, or has been subjected to criminal punishment or major administrative punishment; Directors, supervisors and senior managers of the company are suspected of violating laws and regulations and are investigated or taken compulsory measures by the competent authorities;
(XII) Newly promulgated laws, regulations, rules and industrial policies may have a significant impact on the company;
(XIII) The board of directors forms relevant resolutions on the issuance of new shares or other refinancing plans and equity incentive plans;
(fourteen) the court ruled that the controlling shareholder is prohibited from transferring its shares; More than 5% of the shares of the company held by any shareholder are pledged, frozen, judicially auctioned, entrusted or restricted in voting rights according to law;
(fifteen) the main assets are sealed up, detained, frozen or mortgaged or pledged;
(sixteen) the main or all business comes to a standstill;
(17) Providing major external guarantees;
(18) Obtaining large subsidies and other additional benefits that may have a significant impact on the company's assets, liabilities, rights and interests or operating results;
(XIX) Changing accounting policies and accounting estimates;
(20) Due to errors, undisclosed or false records in the information disclosed in the previous period, it is ordered by the relevant department to make corrections or corrected by the decision of the board of directors;
(twenty-one) other circumstances stipulated by the China Securities Regulatory Commission.