According to China's bankruptcy law and related judicial interpretations, for state-owned enterprises, the members of the liquidation team are appointed by the people's court from the superior competent department of the enterprise, the government finance department and other relevant departments and professionals. For non-state-owned enterprises, members of the liquidation group may be selected from professionals such as lawyers, accountants, auditors or asset appraisers; Of course, the prerequisite is that these employees must be approved by the people's court hearing bankruptcy cases. Because, according to the provisions of the bankruptcy law, the liquidation group must be responsible to the people's court and report its work, not to the shareholders' meeting of bankrupt enterprises or the higher authorities. The people's court shall promptly guide the work of the liquidation group, clarify the powers and responsibilities of the liquidation group, help the liquidation group to formulate the work plan and listen to the report of the liquidation group. If the liquidation group damages the interests of creditors or commits other illegal acts, the people's court may correct it on the application of creditors or ex officio. The people's court may replace incompetent members of the liquidation group upon the application of creditors or ex officio. In addition, the law also stipulates that the liquidation group of bankrupt enterprises may hire necessary staff to participate in bankruptcy liquidation. However, we believe that these employees who are employed to participate in specific bankruptcy liquidation affairs do not belong to and should not belong to the concept of members of the liquidation group of bankrupt enterprises. Through the above introduction, it is not difficult to find that the composition of the liquidation group of bankrupt enterprises has the following particularity:
1, temporary, that is, recruiting personnel temporarily for the purpose of completing bankruptcy liquidation;
2. Professionalism, that is, members of the liquidation group are generally required to be familiar with bankruptcy procedures and bankruptcy business;
3, certainty, that is, the list of specific personnel is finally determined by the people's court;
4. There is no interest connection, that is, the members of the liquidation team are required not to be the internal shareholders, management personnel of the bankrupt enterprise or the personnel with significant interest connection with the property distribution of the bankrupt enterprise;
5. Variability, that is, the people's court replaces the members of the liquidation team according to the specific circumstances, especially the members of the liquidation team are incompetent or have dereliction of duty.
Through the above analysis of the establishment time and conditions, functions or responsibilities, members and other aspects of the liquidation group of bankrupt enterprises, we can put forward the following conclusive opinions on the legal status of the liquidation group of bankrupt enterprises:
1. The liquidation group of bankrupt enterprises is an organization established according to law under special circumstances for the purpose of ending the legal person qualification of bankrupt enterprises. It has no independent property, and its legal personality should be attached to the bankrupt enterprise itself.
2. Judging from the legal relationship of foreign creditor's rights and debts involved in the bankrupt enterprise, the liquidation group of the bankrupt enterprise is an ideographic organ or representative organ that expresses the meaning on behalf of the bankrupt enterprise.
3. From the perspective of internal organization and management of bankrupt enterprises, the liquidation group of bankrupt enterprises is the executive organ that conducts internal management of bankrupt enterprises and fulfills liquidation obligations under the guidance of the people's court.
4. As the liquidation obligor of bankrupt enterprises, the liquidation group of bankrupt enterprises has its specific functions or responsibilities completely stipulated by law, so its legal authority and subject status are also legal, and there is no problem of free agreement.
The above is the relevant knowledge collected by the Legal Express about what conditions the members of the liquidation team need to set up a company, hoping to help everyone. More legal information can be found in the Legal Express.
Editor-in-Chief: Little Dove
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Relevant laws
[1] Enterprise Bankruptcy Law of the People's Republic of China
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The liquidation group is also called the bankruptcy administrator. After the bankruptcy is declared, the court shall designate a special institution to receive, manage, clean up, evaluate and dispose of the bankrupt's property. After the court declares bankruptcy to the debtor, the debtor cannot manage his own property, and the court, as a national judicial organ, cannot directly manage and sell the bankrupt's property; The following is a detailed explanation of the expertise of the liquidation group in this article by Bian Xiao of Legal Express.
# Company Law
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After the bankruptcy of the company, the members of the liquidation group are produced by government departments. Do the members of the liquidation group have seals?
As the administrator, the bankruptcy liquidation group can act as the plaintiff and participate in litigation, arbitration or other legal procedures on behalf of the debtor; Article 20 of the Bankruptcy Law of People's Republic of China (PRC) * * * After the people's court accepts the bankruptcy application, the civil litigation or arbitration concerning the debtor that has started but has not yet ended shall be suspended; After the administrator takes over the debtor's property, the litigation or arbitration will continue. Article 25 The administrator shall perform the following duties: (7) Participate in litigation, arbitration or other legal proceedings on behalf of the debtor;
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How are the members of the liquidation group of the company law produced? How are the members of the liquidation group of the company law produced?
Members of the liquidation group of the Company Law may be selected from the following persons or institutions: 1, shareholders, directors, supervisors and senior managers of the company; 2. Law firms and accounting firms established according to law
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After the liquidation, what documents should the liquidation group prepare? After the liquidation, what documents should the liquidation group prepare? After the liquidation, what documents should the liquidation group prepare? After the liquidation, what documents should the liquidation group prepare?
After the liquidation of the company, the liquidation group shall prepare a liquidation report as soon as possible and submit it to the shareholders' meeting or relevant authorities for confirmation, so as to apply for cancellation of the company's registration. The liquidation report is the summary and report of the liquidation team on the liquidation work, including the identification of the company's assets by the liquidation team, the handling of unfinished business before the cause of dissolution, the settlement of creditor's rights and debts, and the distribution of remaining property. Shareholders' meeting or
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What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process?
Article 190 of the Company Law stipulates that members of the liquidation group shall be loyal to their duties and perform liquidation obligations according to law. Members of the liquidation group shall not take advantage of their powers to accept bribes or other illegal income, and shall not encroach on the company's property. Members of the liquidation group cause losses to the company or creditors due to intentional or gross negligence. Should be liable for compensation. Members of the liquidation group violate laws and administrative regulations when engaging in liquidation affairs.
# Full liquidation
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