Legal procedures for capital reduction of the company:
(1) Resolution of shareholders' meeting
The resolution includes:
① Registered capital of the company after capital reduction;
② Arrangement of shareholders' interests and creditors' interests after capital reduction;
③ Matters related to the revision of the Articles of Association;
(4) Changes in the capital contribution of shareholders and their proportions, etc. When making a resolution on capital reduction, the company should pay attention to the fact that the registered capital of the company after capital reduction shall not be lower than the statutory minimum;
(two) the preparation of balance sheets and property lists.
(3) Notify or announce creditors.
The company shall notify the creditors within 10 days from the date of making the resolution to reduce the registered capital, and make an announcement in the newspaper within 30 days. Creditors have the right to require the company to pay off debts or provide corresponding guarantees within 30 days from the date of receiving the notice, or within 45 days from the date of the first announcement if they have not received the notice;
(4) Change of registration
The company suffered serious losses, and the gap between total capital and actual assets was too large. The company's capital has lost its due legal significance to prove the company's credit status, and shareholders have not been rewarded for the company's losses for years.
How to deal with the company's capital reduction debt?
If the company is originally a creditor, the corresponding creditor's rights will not be affected by the capital reduction.
Under the subscription system, shareholders' capital contribution obligations are only postponed, not permanently exempted. When there is a major change in the company's operation, the creditors may require the shareholders to make capital contributions to pay off the company's debts.
For companies that implement subscription system, the unpaid registered capital of individual shareholders is no different from general debts, and can also be regarded as debts owed by company shareholders to the company. For popular company registration information, please click: Xi 'an Company Registration, Chengdu Company Registration and Tianjin Company Registration.
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