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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
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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
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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
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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