1. Convene the shareholders' meeting in the name of the legal representative;
2. Deliver the voucher to the other party in written form such as express delivery or notarization;
3. When the other party is not present, the deliberation proposal is cancelled;
4. Prosecution and liquidation.
Serious difficulties have occurred in the company's operation and management, and its continued existence will cause great losses to the interests of shareholders. If it cannot be solved by other means, shareholders holding more than 0/0% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.
It doesn't matter if shareholders don't cooperate to cancel the company. If a shareholder does not cooperate, it will not affect the general trend, and the company's operation and management will encounter serious difficulties, causing great losses to shareholders' interests. If it cannot be solved by other means, shareholders who hold more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company. After paying the liquidation expenses, employees' wages, social insurance expenses and statutory compensation, paying the taxes owed and paying off the company's debts, the company's property shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares of shareholders of a joint stock limited company.
To cancel a company, a legal person needs to go to the national tax office to get the form, fill in the form, sign and seal it, pay the invoice and pay the tax according to the requirements of the national tax office, recover the local tax registration certificate, get the notice of cancellation of local tax registration, and go to the bank to cancel the bank account. The legal person goes to the competent industrial and commercial bureau of the company with the cancellation certificate of national tax, local tax and bank account, selects the local mainstream newspaper, and publishes the cancellation announcement. After 45 days, the legal person goes to the industrial and commercial bureau to apply for cancellation.
Cancellation of a company must meet one of the following conditions: 1. The company was ordered to close down according to law. 2。 The business term stipulated in the Articles of Association expires or other legal reasons stipulated in the Articles of Association occur. 3。 The company was dissolved due to merger and division. 4。 The company was declared bankrupt according to law. First of all, if the legal person does not hold shares, it can directly cancel the company. If a legal person holds shares, it must be allowed to cancel the company directly or with authorization. The legal person may be unwilling to cooperate with the cancellation because he wants to continue to operate the company, so he can transfer the equity of the enterprise to be cancelled to the legal representative in accordance with the legal provisions and internal management system. This can avoid the subsequent liquidation cancellation procedure, saving time and effort. If another shareholder does not agree to the transfer, then this shareholder will take over the equity of the transferred shareholder. If you are still unwilling, you can apply to the court for enforcement. Of course, the best solution can be negotiated, and the transfer can be given priority. After all, it will be more troublesome to apply for enforcement. In addition, you can apply for compulsory cancellation. If the following conditions are met, the people's court shall accept it: 1 The shareholders' meeting or management meeting has not been held for two consecutive years, resulting in serious difficulties in the company's operation and management. 2。 Shareholders failed to reach the proportion stipulated by law or the articles of association when voting, and failed to make effective shareholders' meeting or resolution for two consecutive years, resulting in serious difficulties in the company's operation. 3。 There are serious internal management obstacles in the company, such as the failure of the shareholders' meeting mechanism, the inability to make effective decisions on the company's management, and the irreconcilable contradictions between the company's management and management, which have caused serious difficulties in the company's management. Finally, a general meeting of shareholders can be held, which can be passed by two-thirds of the shareholders. It should be noted that two-thirds here is not the number of people, but the proportion of shares.
To sum up, it is Bian Xiao's relevant answer on how to deal with shareholders' uncooperative cancellation of the company, hoping to help you.
Legal basis:
Company Law of the People's Republic of China
Article 43 The discussion methods and voting procedures of the shareholders' meeting shall be stipulated in the articles of association of the company, unless otherwise stipulated in this Law. The shareholders' meeting shall make resolutions on amending the Articles of Association, increasing or decreasing the registered capital, and on the merger, division, dissolution or change of corporate form of the company, which must be approved by shareholders representing more than two thirds of the voting rights.
Article 103 Shareholders attending the shareholders' meeting shall have one vote for each share they hold. However, the shares of the company held by the company have no voting rights.
Article 183 The company's operation and management has encountered serious difficulties, which will cause great losses to the interests of shareholders. If it cannot be solved by other means, shareholders holding more than 0/0% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.