If the legal conditions are met, minority shareholders may apply for dissolution of the company. Small and medium shareholders who apply for dissolution of the company must individually or collectively hold more than 10% of the voting rights of all shareholders of the company, and they must be in a deadlock, and their continued existence will cause significant losses to the interests of shareholders. When a shareholder brings a lawsuit to dissolve the company, if the cause of action is expressed as serious losses in the company's operation, or the rights and interests of shareholders such as the right to know and the right to request profit distribution are infringed, or the company suffers losses, the property is insufficient to pay off all debts, and the company's business license as an enterprise legal person is not liquidated. These situations will be rejected in the process of accepting the lawsuit. After the company's business license is revoked by the administrative department for industry and commerce, a liquidation group shall be established within 05 days from the date when the business license is revoked. Because the revoked business license belongs to the automatic dissolution of the company, if other shareholders of the company do not agree to liquidation, they can directly apply to the court, and the court will appoint a liquidation group to liquidate the company. If a shareholder brings a lawsuit to dissolve the company on the grounds that the Company's Business License for Enterprise as a Legal Person has been revoked and has not been liquidated, the court will not accept it; If the company is dissolved, the liquidation group is not established within the time limit, or the liquidation group is established but the liquidation is deliberately delayed, the shareholders of the company may apply to the court to appoint a liquidation group to liquidate the company, and the court shall accept it.
The statutory conditions for the dissolution of a company include:
1. The company has been unable to hold a shareholders' meeting or a shareholders' meeting for more than two years, resulting in serious difficulties in operation and management.
2. Shareholders fail to reach the proportion stipulated by the law or the articles of association when voting, and cannot make effective resolutions at the shareholders' meeting or shareholders' meeting for more than two years, resulting in serious difficulties in the company's operation and management.
3. The directors of the company have long-term conflicts, which cannot be resolved through the shareholders' meeting or the shareholders' meeting, and the company's operation and management have serious difficulties.
4. There are other serious difficulties in operation and management, and the continued existence of the company will cause great losses to the interests of shareholders.
Legal basis:
Article 182 of the Company Law of People's Republic of China (PRC) * * * Company has serious difficulties in its operation and management, and its continued existence will cause great losses to shareholders' interests. If it cannot be solved by other means, shareholders holding more than 10% of all shareholders' voting rights of the company may request the people's court to dissolve the company.