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Who bears the debts after the legal person dies

Time: 2024.05.07 label: Creditor's rights and debts Corporate debt Reading: 886 people
Lawyer's analysis:
Corporate death, corporate debt It should be repaid by the company.
Legal basis:
Article 3 of the Company Law
The company is an enterprise legal person with independent legal person property and legal person property rights. The Company shall be liable for its debts with all its assets. The shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contributions;
The shareholders of a joint stock limited company shall be liable to the company to the extent of the shares they have subscribed for.
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1. When strengthening the company's debt management, carry out the horizontal management of the company's debt. The horizontal management of corporate debt means that the company can set up a full-time or part-time corporate debt management organization according to the development characteristics of the company, and designate a special person to handle some large corporate debt projects

 Lawyer Zhang Qiang
Lawyer Zhang Qiang
seventeen billion seven hundred and nineteen million four hundred and forty-six thousand six hundred and thirty-two
Consult me

The ability of an enterprise to repay its debts as they fall due refers to the ability of its assets to repay its debts. Whether an enterprise has the ability to pay cash and repay debts is the key to its healthy survival and development. The solvency of an enterprise is an important reflection of its financial situation and operating ability

 Lawyer Zhang Qiang
Lawyer Zhang Qiang
seventeen billion seven hundred and nineteen million four hundred and forty-six thousand six hundred and thirty-two
Consult me

1. There are errors in selecting customers in the business process, and errors in estimating customers' repayment ability; 2. Neglect of key legal issues in the performance of the contract, resulting in de facto passivity; 3. The creditor's rights are neglected in management, and no special person has been assigned to take charge for a long time. The collection is ineffective, and the debtor

 Lawyer Zhang Qiang
Lawyer Zhang Qiang
seventeen billion seven hundred and nineteen million four hundred and forty-six thousand six hundred and thirty-two
Consult me
Selected pictures and texts Pufa video Voice Answers
  • Whether the company still needs to repay the debts after bankruptcy

     Legal Advisor

    Legal Advisor

    When the company goes bankrupt, debt liquidation shall be carried out in the legal order, and priority shall be given to the payment of employees' salaries, social security, taxes and ordinary creditor's rights. When liquidating assets, shareholders' distribution shall be considered after fulfilling these obligations. However, if the shareholders damage the legal person's rights and interests of the company and cause losses to others, they shall be jointly and severally liable for the company's debts.

    Views: one thousand four hundred and seventy-three 2024-07-02
  • Does the corporate transformation of the enterprise fail to notify the debtor to repay the debt

     Legal Advisor

    Legal Advisor

    In the corporate system reform of the enterprise, even if the creditors are not informed, they still need to repay as agreed, and the new company inherits the assets and debts of the original enterprise. Creditors will face litigation if they are overdue. Enterprise transformation refers to the transformation of a non company into an enterprise legal person, such as a limited liability company or a joint stock limited company, and restructuring according to law.

    Views: nine hundred and three 2024-07-02
  • Whether the company still needs to repay the debts after bankruptcy

     Legal Advisor

    Legal Advisor

    When the company goes bankrupt, debt liquidation shall be carried out in the legal order, and priority shall be given to the payment of employees' salaries, social security, taxes and ordinary creditor's rights. When liquidating assets, shareholders' distribution shall be considered after fulfilling these obligations. However, if the shareholders damage the legal person's rights and interests of the company and cause losses to others, they shall be jointly and severally liable for the company's debts.

    Views: one thousand two hundred and ninety-seven 2024-07-02
  • What are the ways of enterprise debt restructuring

    Jing Wenjing, lawyer

    There are four main ways of debt restructuring: 1. paying off debts with assets 2. converting debts into capital 3. modifying other debt conditions 4. The fourth way is a combination of the above three ways, for example, paying off some debts with assets and converting the other part into capital.

    Play volume: nine hundred and sixty-five 2022-06-08
  • What are the characteristics of debt restructuring

    Lawyer Zheng Xiaolong

    The characteristics of debt restructuring: 1. There are many companies with relatively poor financial operation and relatively concentrated industries. 2. Most of them involve related parties, even government intervention, and the non book restructuring gains and losses are huge. 3. Inadequate and non-standard information disclosure.

    Play volume: eight hundred and fifty-four 2022-06-07
  • What are the legal consequences of the exercise of subrogation

    Lawyer Xie Junsheng

    1. If the people's court determines that the right of subrogation is established after trial, the secondary obligor shall perform the obligation of payment to the creditor, and the corresponding creditor debtor relationship between the creditor and the debtor, and between the debtor and the secondary obligor shall be extinguished. 2. The creditor's right has the priority to be repaid as a result of the exercise of the right of subrogation. 3. In a suit of subrogation, the secondary obligor may claim against the obligee the defense against the obligor, and so on.

    Play volume: one thousand three hundred and ten 2022-06-07
 Lawyer Zhang Qiang

Anhui Baishi Law Firm

Lawyer Zhang Qiang: The current chief lawyer of Anhui Baishi Law Firm has very rich experience in legal services, can accurately grasp the needs of the parties, and the cases represented by him have achieved good legal effects, which have been well received by the parties. Be conscientious, diligent and responsible, and spare no effort to safeguard the legitimate rights and interests of each party.

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  • Is the shareholder loan of a limited company legal

    1811 people read

    The legality of borrowing from the Company by shareholders of a limited company needs to be specifically analyzed. If a shareholder does not act as a director, supervisor or senior manager of the company, it is legal for him to borrow money from the company. However, if a shareholder holds the above position, according to the law, the company shall not directly or entrust a subsidiary company to provide loans for him, which is illegal. Therefore, legitimacy depends on the specific position of shareholders and the way of borrowing.

  • How to deal with the debts of enterprises before contracting

    1195 people read

    In order to deal with the arrears of construction enterprises, the following measures are recommended: 1. Reduce the risk of debt: improve the contract terms, ensure the legal effect, require the construction unit to provide guarantee, and comply with the contract and regulations to perform rights and obligations. 2. Timely use legal means to clear up the arrears: exercise the priority right of payment to recover, file a subrogation lawsuit to recover the funds, and enforce the due creditor's rights to recover the funds.

  • Does the parent company's subsidiary have debts to bear

    1597 people read

    As an independent legal person, the subsidiary shall bear civil liability alone, and the parent company shall not bear joint liability. However, if the parent company does not contribute or voluntarily provides joint liability guarantee for the debts of the subsidiary company, it shall bear corresponding liabilities according to law. The enterprise shall have the right to set up branches and shall submit an application to the State Administration for Industry and Commerce and obtain a business license.

  • What responsibilities should be borne by the operator in case of company debt problems

    1319 people read

    The operator only exists as the handler of specific matters, and does not necessarily become the subject of debt. However, the handling personnel must confirm that they have not actually occupied the relevant assets or are directly responsible for the debt. In this case, the handling personnel are not required to bear corresponding legal obligations for the possible responsibilities and adverse consequences. On the contrary, if the handler is recognized as the subject of the debt, he or she will have the legal obligation to repay the debt.

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