Study On The Liquidation Responsibility Of Shareholders After Business License Of The Limited Liability Company Being Revoked

Shareholder liquidation responsibility is an important legal system, which is closely related to the mainstay of market economy, company. However, shareholders liquidation responsibility in China is not perfect, which is not suited to the actual needs from the current development of the market economy. In China, it is not clear that the legislation in the relevant provisions of the shareholders liquidation responsibility. The law application is inconsistent. There are differences in legal academic field about liquidation responsibility.In this thesis, the shareholders liquidation responsibilities are studied systematically after the business license of the limited liability companies were revoked by using the method of comparative study. The author hopes that this question could be cared to promote the issue resolved as soon as possibly.First, the concept and significance of the company liquidation are described, which leads to the settlement obligations of shareholders. If the shareholders would not fulfill the settlement obligations, they should have to undertake the responsibility for liquidation to the company.Secondly, the liquidation responsibility of the shareholders is discussed in details. The nature and composition of responsibility of liquidation is analyzed and the sustainability of liquidation personality is distinguished. At the same time, the company personality denied system and the liquidation responsibility of shareholders are also studied.Finally, the shortcomings in shareholders liquidation responsibility in China are discussed deeply. According to our basic national conditions and the development of the market economy status, referring to foreign legislation, the specific legislation envisaged is put forward in the thesis.The most prominent feature of this thesis is:(I) The status that the shareholders would not fulfill the obligations of liquidation is analyzed deeply. In order to reform the shareholders liquidation responsibility in system, the cause is looked into.(II) Some questions are studied in details in this thesis, such as the nature, constitute elements and accountability manner of that shareholders would not fulfill their obligations under liquidation responsibility. The different theories were analyzed so that the conclusions of the thesis are scientific.(III) In order to ensure the liquidation responsibility which the shareholders should undertake, the civil liabilities undertaken by the shareholders are elaborated respectively according to the different kind of illegal activities.(IV) The purpose of this thesis is to promote relative legislation and judicial practice. On the basis of theoretical research and empirical study in shareholders liquidation responsibility, the shortcomings of current shareholders liquidations responsibility in China are discussed and specific legislative proposals are put forward.