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Liquidation Litigation

Posted on:2006-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:W H PengFull Text:PDF
GTID:2206360182960022Subject:Law
Abstract/Summary:PDF Full Text Request
A company which was dismissed should be liquidated, What's status of the liquidated company and what civil liability should the liquidated company bear, Which are the problems we often meet with. In this note, I will discuss these problems from three direction.First of all, In the case of company was dismissed and the liquidation group has been established ,I mainly discuss the quality and the status of the company (include its liquidation ).I think the company which was put into liquidation don't have actual difference with the normal one ,only is capacity limited, so in civil procedure, we should take the liquidated company as civil subjects ,The liquidation only regard's as authoritative organization. The civil liability of procedure should been borne by the company .In the part of the paragraph, I also introduce several lawsuits case and it's settlement of disputes.The second ,in the case of the company which hasn't been get into liquidation, We should make out the subject of liquidating .I think, Limited liability company's shareholder and the board of directors of the company limited by shares established are the subject of liquidating, the liability of the subject of liquidating is to respect the company.The third, In accordance with liability of enterprise legal persons ,The debt of company which has been gotten into liquidation (or should be taken into liquidation) is liable for the debts of the companywith all it's assets .where a manager of a company violates the law .administrative regulations or the company's article of association while performing his official corporate duties resulting in harm to the company .such the managers shall be liable for damages.
Keywords/Search Tags:Liquidation of company, Subject of liquidating, Status in civil procedure, Civil liability
PDF Full Text Request
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