According to the law, the company shall set up a liquidation group within 15 days from the date of dissolution and start liquidation. The liquidation group shall notify creditors within 10 days from the date of its establishment and make an announcement in a newspaper within 60 days.
The information required for the liquidation of the company is as follows:
1. Application for Cancellation of Registration of Enterprise as a Legal Person signed by the legal representative of the company;
2. The liquidation group of the enterprise designates personnel or entrusts an enterprise registration agency to handle the cancellation of registration of the enterprise as a legal person;
3. The approval documents of the invested entity, the resolutions or decisions made by the company in accordance with the Company Law, and the bankruptcy ruling documents of the people's court;
4. Resolutions of the company's general meeting of shareholders;
5. The liquidation report issued by the liquidation group of the company confirmed by the investment unit or the liquidation institution;
6. Newspaper clippings of three liquidation announcements issued by the liquidation group of the company;
7. Original and photocopy of the Company's Business License for Enterprise as a Legal Person;
8. Proof that the public security department confiscated the corporate seal;
9, the tax authorities' tax payment certificate;
10, bank account cancellation certificate.
Enterprise bankruptcy needs to meet the following conditions:
1, the enterprise has been unable to repay the debts due or obviously failed to perform the debts as agreed;
2. The time limit for the creditor to claim the creditor's rights has passed, but the enterprise has not paid off or is unable to pay off its debts;
3. The total liabilities of the enterprise exceed the value of all its property, or the enterprise is closed, bankrupt or revoked;
4. The business activities of the enterprise stop or lose the ability to operate;
5. After liquidation, the enterprise finds that it cannot repay its debts.
To sum up, enterprise bankruptcy liquidation is a complicated process, which needs to follow relevant laws, regulations and procedures. At the same time, the legal person needs to actively cooperate with the liquidation organization to ensure the normal liquidation work, so as to solve the enterprise bankruptcy problem as soon as possible.
Legal basis:
Article 3 of People's Republic of China (PRC) Company Law
Company definition and shareholder liability A company is an enterprise legal person, which has independent legal person property and enjoys 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.