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  • Preferred shares are fundamentally different from ordinary shares and can only be issued by companies limited by shares. The issuing conditions include: listed companies approved by the CSRC may issue in the public market; Listed or partially unlisted public companies may issue privately; Unlisted and non-public companies in the debt equity swap project of market-oriented banks reviewed by the State Council and other departments shall be issued according to the application plan. A limited liability company has no right to issue preferred shares. #Company operation 1154 readings
  • The withdrawal of a partner from the partnership shall be subject to liquidation, and the equity of shares shall be calculated based on the operating conditions of the enterprise, fixed assets and working capital. Open business needs to be processed first. If the net assets are less than the original investment, it shall be returned in proportion to the actual assets; For profits, return the principal and pay the corresponding income. If the net assets are insufficient to repay the debts, the partners shall share the losses as agreed in the agreement, and if there is no clear proportion, they shall bear the losses equally. If there is still a loss after liquidation, the withdrawing partner shall make up his share according to the agreement and economic capacity. #Company operation 1465 readings
  • The borrower who is unable to pay off the due debts in full, whose assets are insufficient to cover the liabilities or who is unable to repay, may take the initiative to apply to the court for intervention, submit a reorganization plan or go bankrupt for liquidation. Similarly, when the dissolution of the company has not completed liquidation or the assets are insufficient to repay the debts, the person responsible for liquidation needs to apply for a formal bankruptcy liquidation procedure in accordance with the law to protect the rights and interests of creditors. #Company operation 875 readings
  • The liquidation of partnership needs to establish a liquidation team, which can be operated by all partners or a third party. It is important to notify creditors in a timely manner and announce the handling of claims. Liquidate property, verify debts, and distribute residual assets. After completion, cancel the registration according to the process. However, it should be noted that after the cancellation of the partnership, the original partners still bear unlimited joint and several liability for the debts during the existence period. #Company operation 1229 readings
  • The determination of the crime of duty embezzlement should meet the following requirements: 1) illegally occupying enterprise property as a shareholder of the company; 2) Illegally occupying the property entrusted for management; 3) Internal collusion or fraud; 4) Withholding company funds without authorization. Employees who take advantage of their positions to illegally occupy, if the amount is large, will face more than five years of imprisonment and confiscation of property, and public officials will be punished according to the corresponding laws and regulations. #Company operation 1250 readings
  • Mortgaged debt does not belong to the category of bankruptcy claims. It is different from the right of claim for bankruptcy expenses, the right of recovery and the right of exclusion. Although the right of exemption is paid individually, it violates the principle of equal creditor's rights. Therefore, secured creditor's rights are not included in the definition of bankruptcy creditor's rights. #Company operation 1189 readings
  • In limited liability companies and joint stock companies, the performance of the obligation of capital contribution is very important. After establishment, if the value of non monetary property is lower than that agreed in the Articles of Association, the contributing shareholders shall make up the difference, and other shareholders shall be jointly and severally liable. If no capital contribution certificate is issued, the sponsor shall make payment, and the relevant personnel shall also bear joint and several liabilities. After the establishment of a joint stock limited company, it will issue a capital contribution certificate to shareholders, which will record the company information, shareholders' capital contribution details and certificate number in detail, and seal for confirmation. Shareholders who have paid their capital contributions in full do not need to make capital contributions again after the establishment of the company. #Company operation 1251 readings
  • When a limited liability company is faced with bankruptcy, it must follow the liquidation procedure. The liquidation team is responsible for disposing of assets, formulating a liquidation plan and obtaining the approval of the shareholders' meeting or the court. In liquidation, priority shall be given to the payment of liquidation expenses, employee remuneration, social security, taxes and debts, and the remaining property shall be distributed among shareholders according to the proportion of capital contribution. If the property is not enough to pay off in full, the liquidation group needs to apply to the court for bankruptcy liquidation. #Company operation 1010 readings
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