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According to Article 151 of the Company Law, the minority shareholders may appeal if they think that the major shareholders' occupation of their positions has caused damage to the company. If the company ignores or the situation is urgent, the minority shareholders may file a private complaint. If excluded, the cause shall be investigated first, and illegal exclusion can be prosecuted. According to the circumstances, the court decided that the major shareholder should be responsible for the loss caused by the occupation of his position. In a word, the minority shareholders can be sued to recover their identity and claim compensation. If the majority shareholders are guilty, they should bear the responsibility. #Company operation 1036 readings -
The constitutive elements of the crime of shareholder's duty embezzlement include: 1. The subject of the act is a specific employee in the company or enterprise; 2. Illegal possession by taking advantage of his position; 3. For the property of the company; 4. The amount involved in the case shall meet the statutory standard before criminal liability is investigated. According to Article 271 of the Criminal Law of the People's Republic of China, a large amount of money can be sentenced to imprisonment of not more than three years or criminal detention, a large amount of money can be sentenced to imprisonment of three to ten years, and a particularly large amount of money can be sentenced to imprisonment of not less than ten years to life imprisonment, which may be accompanied by a fine. #Company operation 1416 readings -
According to the Company Law of the People's Republic of China, the change of the legal representative of the company should follow the following procedures: the company determines the change through the resolution of the general meeting of shareholders or the board of directors; Prepare documents including change resolution, identity certificate of new representative, etc; Submit the application for change of registration to the Administration for Industry and Commerce or Market Supervision; After completing the change, obtain a new business license, which will update the information of the legal representative. If necessary, relevant change procedures such as bank account and contract authorization shall be handled. #Company operation 1186 readings -
The change of the company's share capital can be notarized voluntarily, which is not mandatory. Notarization can effectively avoid potential risks and enhance the credibility and traceability of transactions in the case of equity transfer, personal inability to be present, protection of rights and interests consensus or as legal evidence. #Company operation 843 readings
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The equity transfer of enterprises can choose notarization to avoid disputes and risks. Notarization can provide legal protection, but it is not a mandatory requirement, in the four cases of doubt or dispute, entrusted agent signing, the protection of rights and interests as the core, and the need for notarial certificate as proof materials. #Company operation 1498 readings -
After the bankruptcy of the company, the debt liquidation shall be carried out in the following order: priority shall be given to the payment of bankruptcy expenses and mutual benefit debts; Next is employee salary, medical security, endowment insurance, medical insurance and statutory compensation; Then there are social insurance arrears and tax debts; The final settlement is the ordinary bankruptcy claims. This ensures that the rights and interests of key stakeholders are initially protected. #Company operation 1354 readings -
This accusation infringes the business order of the enterprise, and the subject is limited to the promoters and shareholders of the company. Its acts include illegal capital contributions (such as underpayment, false capital contributions or withdrawal of funds), violation of the requirements of the Company Law, etc. The consequences are serious and should be carried out deliberately. These actions have damaged the rights and interests of creditors and shareholders and violated relevant laws and regulations. #Company operation 828 readings -
The equity proxy involves multiple legal risks: first, the proxy agreement may be invalid due to illegality; Secondly, the nominal shareholders may abuse their power to infringe the real shareholders' rights and interests; Hidden shareholders need to verify the complicated process of rights and interests; Finally, if the nominal shareholder has a debt crisis, its equity may be executed by creditors because the identity of the real shareholder is not clear. #Company operation 875 readings
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Latest information of company operation
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#Company operation 2024-07-04 -
#Company operation 2024-07-04 -
#Company operation 2024-07-04 -
#Company operation 2024-07-04 -
#Company operation 2024-07-04