A Study On Corporation Liquidating Obligations

In today's market economic order, company illegal liquidation phenomenon emerges endlessly. The key to solve this problem is to establish a perfect company liquidating obligations system. This Paper makes a deep discussion on the legal issues of corporation Liquidation, including foreword, text, and conclusion.The foreword part briefly introduces the background.Chapter one introduces the background, the current status, and the theoretical and practical significance of this research work.Chapter two introduces two subjects of the liquidating obligations: liquidator and Liquidation obligor. The scope of liquidation obligor shall include the company directors, the controlling shareholders and actual controller. The scope of the liquidator is more extensive. According to law, the articles that stipulated directly after the dissolution of the liquidation of the company, or the resolution made by the shareholders' meeting. Otherwise, the court, or the competent authority may designate a liquidator. So it can be composed by director, shareholders, supervisors and senior management personnel composition. It also includes law firm, accounting firm, bankruptcy liquidation firm and other professional institutions or professional staff. Then, the paper gives further explanations: they are two different concepts, and describe the difference.Chapter three presents the rights and obligations of the liquidator and liquidation obligor. The obligations of the liquidation obligor is legal obligations, contains starting the liquidation procedures, organization of the company, the liquidation group to company property, good pipe, etc. Under a certain condition, a right can also be as an obligation. Therefore, selection of liquidation executor, supervise and liquidation process, etc. can also be regarded as rights. The liquidator obligations are based on. It can be removed by the company, the courts or the liquidator's quit, etc. The liquidator rights include representation and liquidation affairs conduct. Their obligations include two aspects: to the obligation and to the debtor.Chapter four introduces the liabilities of the liquidation subjects. If liquidation obligor fails to fulfill their obligations after company dissolved, it will infringe upon the company, shareholders and creditors' interests. That is a tort behavior, should be bear the losses. When there are many liquidation obligors, shall be jointly liable. The civil liabilities include idle at perform liquidation obligations and cancellation of the company without liquidation. At present, our country current law of accounting people's legal responsibility who don't perform liquidation obligation is through the regulation to the legal obligations of members of the liquidation group. The liquidator's legal liability mainly includes the liability to the company and the third party.The conclusion,summarizes the major issues concerned in this paper and puts forward the viewpoint of the author.