1. Convene the shareholders' meeting or the resolution of the board of directors: the liquidation of the company must be carried out in accordance with the law and publicized on the national enterprise credit information publicity system.
2. Establishment of liquidation group: The liquidation group of the company is appointed by the shareholders or the board of directors of the company and consists of the head and members of the liquidation group. The liquidation group shall formulate the liquidation plan within the statutory time limit and report to the shareholders or the board of directors of the company.
3. Liquidation of property: The liquidation group shall liquidate the company's property, including assets, liabilities, income and expenses.
4. Paying off debts: The liquidation group shall pay off the debts of the company in legal order, including giving priority to paying off taxes, labor remuneration and social insurance premiums.
5. Distribution of surplus property: If the company still has surplus property after liquidation, the liquidation group shall distribute it according to the company's articles of association or shareholders' agreement.
6. Cancellation of the company: After the liquidation, the liquidation group shall apply to the local industrial and commercial administration for cancellation of the company, and cancel the company's business license and tax registration certificate.
It should be noted that the process of company liquidation may be different due to factors such as company type, articles of association and shareholders' agreement. Therefore, when the company is liquidated, it should be handled according to the specific circumstances to ensure that the liquidation process is legal, fair and transparent.
Legal basis:
Enterprise Bankruptcy Law of the People's Republic of China
Article 7 The debtor may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation under the circumstances specified in Article 2 of this Law. If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor. If an enterprise as a legal person has been dissolved but has not been liquidated or its assets are insufficient to pay off its debts, the person liable for liquidation according to law shall apply to the people's court for bankruptcy liquidation.
Article 113 After the bankruptcy expenses and debts are paid off first, the bankruptcy property shall be paid off in the following order:
(1) Wages, medical care, disability allowance and pension expenses owed by the bankrupt to employees, basic old-age insurance and basic medical insurance expenses owed to employees' personal accounts, and compensation that should be paid to 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.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC) (II)
Article 18 If the shareholders of a limited liability company, the directors and controlling shareholders of a joint stock limited company fail to set up a liquidation group to start liquidation within the statutory time limit, resulting in the depreciation, loss, damage or loss of the company's property, and the creditors claim that they are liable for the company's debts within the scope of losses, the people's court shall support them according to law.
Shareholders of a limited liability company, directors and controlling shareholders of a joint stock limited company fail to perform their obligations, resulting in losses to the company's main property, account books and important documents. If the creditor claims to be jointly and severally liable for the debts of the company, the people's court shall support it according to law.
The above situation is caused by the actual controller, and the creditor claims that the actual controller shall bear corresponding civil liability for the debts of the company, and the people's court shall support it according to law.
Article 19 If the shareholders of a limited liability company, the directors and controlling shareholders of a joint stock limited company or the actual controller of the company maliciously dispose of the company's property after the dissolution of the company, causing losses to the creditors, or fail to make liquidation according to law, and defraud the company registration authority to cancel the registration as a legal person with a false liquidation report, and the creditors claim to be liable for the company's debts, the people's court shall support them according to law.
Article 20 When a company is dissolved, it shall apply for cancellation of registration after liquidation according to law. If the company's registration is cancelled without liquidation, resulting in the company's inability to liquidate, and the creditors claim that the shareholders, directors, controlling shareholders and actual controllers of a limited liability company shall be liable for the company's debts, the people's court shall support them according to law.
If the company is deregistered without liquidation according to law, and the shareholders or the third party promise to be liable for the company's debts when handling the deregistration at the company registration authority, and the creditors claim to bear corresponding civil liabilities for the company's debts, the people's court shall support it according to law.