The Joint And Several Liability That The Obligors Of Liquidation Should Bear

When the business license of company has been revoked, it shall be dissolved.Althoughits qualification of legal entity is existed, the company still shall organize a liquidation withinthe statutory time limit. According to the Company Law of the People’s Republic of Chinaand Provisions of the Supreme People’s Court about Several Issues Certain Concerning theApplication of the Company Law of the People’s Republic of China (II), if the company lostthe basis to liquidate that the creditor’s rights could not be liquidated, the liquidation obligorand the company shall bear joint and several liability.In the limited liability company,although there are shareholders that are non control of the company or not the actualparticipation in the management of the company, but they can’t exempt or mitigate theirstatutory obligations of liquidation because of they are the non controlling shareholders andinactive shareholders. In this paper, According to the guiding cases issued by the SupremePeople’s Court of the third batch about Cunliang Co. v. Jiang Mou, Wang Mou sale contractdispute case,combined with the Provisions of the Supreme People’s Court about SeveralIssues Certain Concerning the Application of the Company Law of the People’s Republic ofChina (II), arguing within the liquidation of obligations of the joint and several liability.