Study On The Liquidation After The Business License Being Revoked

As the withdrawal system, the liquidation of a company is last proceduremust-be-finished after the causes of dissolution appears. The dissolution in ourcompany law falls into two different kinds: voluntary dissolution and mandatorydissolution. The liquidation also falls into two different kinds: voluntary liquidationand mandatory liquidation. Viewing on dissolution caused by revocation of thelicense， this thesis compares different liquidation procedure and different lawprovisions from other countries to find the defect in our current law and theliquidation procedure. All the work aims to perfect the related provisions and protectthe benefit of different beneficial bodies.In chapter1of this thesis, the author focuses on the legal consequences ofrevoking the license. Following the different varieties of licenses and legal capacity,the author analyses the double attribute of the license approved to the legal personwhich hold the responsible. Then the thesis points the reason why the author prefersthe angel from the comparison of different liquidation procedure caused by differentdissolution.In chapter2, the problem and argument about the elements in the liquidationprocedure is the focal point of this part.the license is the certification of onecompany’s existence. So we must define the company’s attribute if the license is revoked. If not, the subject of litigation will be difficulty to be located and then theprotection of creditors’ benefit will be disoperated. Entry into the procedure, thedefect in the time、duration、liquidator and the liquidation obligor of current law isother key point we should pay attention. The thesis presents the suggestion to perfectthe system by the way of analyzing the provision of different laws. Except for that,shareholder is another important character in the procedure of liquidation. In this partthe author puts forward the responsibility of shareholders from the angel of the theory.In chapter3, the author puts the emphasis on the special liquidation process. Inthe mandatory dissolution, the vocation of the license always cause by the proactivebehavior of the shareholders, so they seldom carry out the obligation of liquidation.And in the circumstance, the special procedure is needed and necessary.In chapter4, the author finds out the defect of supervision mechanism inoperating the liquidation from the comparing our current law and foreign lawprovision. In this way, we can build and perfect the supervision mechanism in ourliquidation affairs.