Definition And The Civil Liability Of Corporation Liquidition Obligor

The main subject of this paper is the legal issues of corporation liquidation obligor, including foreword,text, of which the text ineludes the general statement, the subject definition,and the civil liability of liquidation obligor.The foreword part briefly introduces the baekground, the current status, and the theoretical and practical significance of this research work.Chapter one is the general statement of corporation liquidation obligor that mainly involves the noncept, the legal status and the legal rights and obligations of liquidation obligor. Liquidation obligor is the person who has an obligation to legally initiate a company's dissolution procedure who enjoys a special legal status. It is the liquidation obligor's statutory obligation to legally initiate a eompany's dissolution procedure,but it is also his or her right to do so. The liquidation obligor system plays asignificant role on the resolving of the problems of failing to perform the liquidation duty or intending to evade obligation by dissolution,and the establishing of a healthy and orderly withdrawing mechanism for legal perons.Chapter two is the subject definition of corporation liquidation obligor. Based on the theoretieal study of fiduciary duty and corporate control,those who have the fidueiary duty to the corporation, shareholders, and creditots, and those who have the power to eontrol the corporation, both legally and aetually, shall be defined as the corporation liquidation obligor.In accerdance with this conelusion,the subject scope of liquidation obligor shall be consisted of and confined to the directors.Chapter three is the civilli ability of liquidation obligor.If the liquidation obligor fails to perform the due duty of liquidation, which infringes the interests of the corporation, shareholders and creditors,he or she shall not bear the responsibility for the corresponding damages. While the liquidation obligor has multipe persons, each and everyone of them shall assume joint and several liabilities.Taking domestic and foreign corporation legislation and praetice into account, such kind of liability mainly occurs when the liquidation obligor fails to perform the due liquidating obligation or when he or she cancels the registration without proper liquidation.