Liability Of A Sole Proprietorship Enterprise After Assignment

The content of this paper is the debt assumption after the transfer of a sole proprietorship enterprise.A sole proprietorship enterprise is a business entity established in China in accordance with the provisions of the law of the People's Republic of China on sole proprietorship enterprises,which is invested by a natural person and whose property is owned by the sole proprietor,who assumes unlimited liability for the debts of the enterprise with his personal property.The vitality of economy mainly comes from the vitality of micro-economic entities.Therefore,as a flexible market economic entity,sole proprietorship plays an irreplaceable role in stimulating economic growth,increasing national income and promoting employment.However,due to the unclear legal nature and status of the sole proprietorship,the debt bearing subject after the transfer of the sole proprietorship is unclear,the procedure is uncertain,and the method is unknown.Transfer of the sole proprietorship enterprise bearing problems mainly involve the debt itself is a sole proprietorship enterprise shall bear the debts,the original investors and whether investors shall bear the liability between debt for debts and multiple subjects sequence and way of this a few big problem.First of all,due to the different identification of the nature and legal status of the sole proprietorship enterprise itself,as well as the different identification of the nature of the transfer of the sole proprietorship enterprise,the issue of whether the sole proprietorship enterprise itself should be liable for debts has led to the opposite views.Secondly,due to the lack of clear legal provisions and relevant judicial interpretation,there are several completely different views on whether the original investors and the current investors should be liable for the debts before the transfer.Finally,after clarifying the subjects involved in this kind of problem,due to the above different identification of the nature and legal status of each subject,there are more different views on the order and manner of multiple subjects to assume debts.Due to its unique nature,sole proprietorship plays an important role in the economic structure.It is an important part of the modern enterprise system and plays an irreplaceable role in the market economy.This paper tries to through the empirical research method,research method of legal interpretation and big data analysis research methods comprehensively to after the transfer of the responsibility for debts of the sole proprietorship enterprise's main body,procedure and method are analyzed and expounded,think of the sole proprietorship enterprise as unicorporated organizations have independent legal status,its only for operating a transfer,a name change does not affect its debt and investors,according to the purpose of interpretation,the original investors and investors are now deal with transfer of bear liability for the debts of the former,therefore,shall be borne by the sole proprietorship enterprise itself first liquidation responsibility,secondly by the investors and now investors are jointly and severally liable.