Study Of A Number Of Issues Of Liquidation Of The Company System

Company liquidation system is an important part of legal person liquidation system. Liquidation should be conducted during company dismissal except company amalgamation and separation. Company dismissal, company liquidation and company cancellation are three inevitable legal procedures before company termination, which connect each other and also distinguish each other. Among other things, the company liquidation is most important. The company is not allowed to be cancelled if liquidation is not made. Company dismissal means that the company should stop the operation activity but its legal personality is not abolished. As clearing legal person, the company can act within the range of liquidation purposes. The liquidating body can be the personnel appointed by shareholder, director, shareholders'meeting, shareholders'general meeting and that regulated in the regulations and relevant professional personnel in the society. There are different kinds of liquidating body like the body in charge of organizing liquidation, body particularly responsible for liquidating business and body in charge of liquidating inspection. Shareholder is the most basic liquidating obligation body, who should shoulder the responsibility of organizing liquidation and conducting liquidation. The members in liquidating organization namely liquidator should be natural person and the legal person is not suitable to be liquidator. Liquidating body must shoulder compensation and joint liability to creditor and company supposing the liquidation is violated or not organized. Company liquidation can be separated as voluntary liquidation and compulsory liquidation. Compulsory liquidation and special liquidation are two ideas which are not only connected but also distinguished. The special liquidation system regulated in China Taiwan area can be taken as reference. The company liquidation system in China still has many drawbacks with too simple law regulations and low operational ability, which should be improved. While making laws for China liquidation system, it should enlarge the liquidation body's range, complete applicant system and liquidation supervision system and...