The cancellation of a joint stock limited company refers to the cancellation of the company from the register of the administrative department for industry and commerce, so that it completely terminates its legal personality and no longer exists in law. According to the Company Law and relevant laws, the cancellation of a joint stock limited company needs to go through liquidation, report review, announcement and other procedures, and must be announced to the public to protect the legitimate rights and interests of creditors. Specific process: 1. Convene a meeting of liquidation organization, and select the liquidation organization to be responsible for liquidation. 2. Formulate the liquidation plan, submit it to the shareholders' meeting or the board of directors for approval and announcement. 3. Complete liquidation, prepare liquidation report and submit it to the report review organ for review, and cancel relevant tax registration according to regulations. 4. After the liquidation report is approved by the examination organ, the liquidation property status and creditors of the joint stock limited company shall be announced. 5 for cancellation of registration, the liquidation organization is responsible for submitting materials and paying cancellation fees. It should be noted that the cancellation of a joint stock limited company is prohibited if its liquidation, debts and liabilities are not completed or its legal liquidation is not completed after its operation expires or it is dissolved.
How to deal with unknown debts in the process of cancellation of joint stock limited company? Unknown debt means that some creditors have not claimed rights from the company for various reasons. During the cancellation of a joint stock limited company, the creditor's rights shall be clarified as far as possible, and the creditors shall be notified to the liquidation organization. If there are unknown debts, after the known debts are paid off, the remaining part shall be frozen, and no capital transfer such as equity transfer shall be carried out. Where a creditor claims rights, it shall make a list and deal with it according to the priority of the creditor's rights.
The cancellation of a joint stock limited company is a complicated legal procedure, which requires the cooperation of all parties. In order to avoid conflicts and disputes, liquidation, debts, compensation and other issues should be properly handled before cancellation to ensure that the legitimate rights and interests of the company are protected.
Legal basis:
Article 174 of the Company Law of People's Republic of China (PRC) * * * A joint stock limited company shall carry out liquidation in accordance with the prescribed procedures after completing the resolution. After the liquidation, if no debts have been paid off, or all debts have been paid off, and the resolution is passed and the written confirmation of the report review organ is obtained, you may apply to the administrative department for industry and commerce for cancellation of registration.