Secondly, if the enterprise owes taxes, stops production and is unable to repay, its creditors or the person in charge of the enterprise have the right to apply for bankruptcy.
After the bankruptcy of an enterprise, a liquidation group composed of relevant departments and enterprises shall conduct asset liquidation. Including enterprise assets, creditor's rights and debts, etc. After the liquidation of the enterprise, the assets shall be disposed of according to law and the corresponding funds shall be obtained after the liquidation. First, employees' arrears of wages, compensation and social security. Second, the arrears of taxes and fees, third, the priority creditor's rights such as mortgage, and finally the general creditor's rights. If the remaining assets in the same level are insufficient, they will be distributed according to a certain proportion, and other subsequent orders will not be paid off.
As for the original legal representative of the enterprise, if he commits malicious tax evasion during his term of office and is suspected of violating the criminal law, the public security organs shall handle it according to the seriousness of the case and the time limit for prosecution. If there are illegal gains, they should also be dealt with together. However, if the enterprise is unable to pay just because of operational difficulties, it generally does not deal with the legal representative.
According to Article 47 of the Regulations for the Implementation of the Trademark Law, if the registrant of a registered trademark dies or terminates for more than one year and fails to apply to the Trademark Office for transfer, anyone can apply to the Trademark Office for cancellation of the registered trademark. -Ou Yue patent
What should I do if the assets of collective enterprises are occupied by legal persons? Collect the evidence that the legal representative encroaches on the company's property, mainly in the financial records, and then the infringed shareholders can sue the legal representative in the name of the company. As for what you said, civil litigation doesn't work for such people, that's not necessarily true. If the court finds that the company's property has indeed been invaded, it can apply to the court for enforcement, and finally there is hope to recover the embezzled property. If the evidence is sufficient and the amount of corruption reaches a certain standard, criminal proceedings can also be taken to prosecute the legal representative for corruption.
How does the customs handle the replacement of corporate passports? Passport is your ID card used abroad, and it has nothing to do with customs.
If you need to change, please go to the exit-entry administration office where your account is located.
Can an enterprise that owes taxes change its legal person? No. In order to avoid malicious tax evasion, according to the provisions of Articles 15 and 16 of the Detailed Rules for the Implementation of the Tax Administration Law, the administrative department for industry and commerce should regard tax cancellation and liquidation as a necessary pre-procedure for the cancellation and liquidation of an enterprise as a legal person, and stipulate that enterprises must provide relevant files of tax cancellation and liquidation before applying for cancellation of the registration of an industrial and commercial legal person, otherwise it is illegal to cancel the legal person. According to the judicial interpretation of the Supreme People's Court [Fa Jing (2000) No.24], revoking the business license of a legal person is an administrative punishment imposed by the administrative department for industry and commerce on illegal enterprises. After the Business License of Enterprise as a Legal Person is revoked, it shall be liquidated according to law. After the liquidation procedure is completed and the industrial and commercial registration is cancelled, the enterprise as a legal person shall be eliminated. Articles 40 and 47 of the General Principles of the Civil Law stipulate that when an enterprise terminates its dissolution, is revoked or is declared bankrupt, a liquidation organization must be established according to law for liquidation. The author thinks that the stipulation that the State Administration for Industry and Commerce cancels the business license without liquidation is in conflict with the general principles of civil law and should be corrected. Secondly, the grass-roots tax authorities should actively participate in the asset restructuring and cancellation liquidation of enterprises that owe taxes, check and confirm the taxes owed by enterprises, and implement the measures to settle debts. For the tax arrears that are difficult to pay after the registration of an enterprise as a legal person before asset reorganization, the person responsible for the tax arrears after the change of the legal person shall be determined according to law.
The lending company has closed down and the legal person has been detained. How to deal with the arrears? I suggest you report the case to the public security organ in time, explain the situation and register the creditor's rights in time.
The public security organ shall distribute the recovered illicit money to the creditors.
You can also sue the loan company directly to the court and demand repayment of the loan.
Conditions for the change of legal person of hazardous chemicals enterprises. If the new legal person does not have a safety production qualification certificate, how to deal with it is the first person responsible for enterprise safety. If you need a safety production qualification certificate, learn to change the legal person first.
The former legal person concealed the debt. What if the legal person becomes the defendant now? Corporate debt is a simple combination of the concepts of debt and company in civil law, which refers to the creditor-debtor relationship between a company and a specific person, including company loans, accounts payable, unpaid goods, etc. Corporate debt includes the creditor-debtor relationship between the company and a specific person, and its transfer is restricted by the contract law. There are different repayment methods and terms, and there are various forms.
The personal debt of a legal person is also a private debt and has nothing to do with the company.
There is a difference between private debt and corporate debt. If it is a corporate debt, it must be repaid by the company, but if it is a private debt, it has nothing to do with the company and the company does not have to repay it. In view of your company's situation, we suggest that it is best for your company to have its own special legal adviser to manage and prevent the internal and external relations of the company reasonably and avoid causing unnecessary losses to your company, because the same cases are often handled by our office because of irregular external contacts.
How to deal with the money owed to customers after the wealth management company changes its legal person? The company is legal now. It doesn't matter if the legal person changes. Just give you the money. If not, take legal measures to appeal. But then again, be careful and make sure the company does this. Not for a small company.
It is reasonable for a cadre to work in an enterprise after taking leave, but he is not in his post for the time being. Generally, an agent or temporary person in charge is arranged to handle the work of the leave taker.