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How to Establish the Subject of Debt Bearing after the Dissolution of a Limited Liability Company

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How to Establish the Subject of Debt Bearing after the Dissolution of a Limited Liability Company


        

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  • 2024-06-06 05:01:41

    1、 After the dissolution of a limited liability company, the determination of the subject of debt bearing is as follows:

    1. If the company goes bankrupt after dissolution, it shall bear debts to the extent of all the assets liquidated by the company;

    2. If the company is dissolved due to merger, its debts shall be borne by the merged company, unless otherwise agreed;

    3. If the company is dissolved due to division, the debt bearers of the company shall be all the companies after division, unless otherwise agreed.

    2、 The Company is dissolved for the following reasons:

    1. The business term specified in the Articles of Association expires or other reasons for dissolution specified in the Articles of Association occur;

    2. The shareholders' meeting or shareholders' general meeting resolves to dissolve;

    3. Dissolution is required due to merger or division of the Company;

    4. The business license is revoked, the company is ordered to close down or is revoked according to law;

    5. The People's Court shall dissolve the Company in accordance with relevant provisions.

    [Legal Basis]

    Article 174 of the Company Law of the People's Republic of China states that when a company is merged, the creditor's rights and debts of each party to the merger shall be inherited by the surviving company or the newly established company after the merger.

    Article 176 of the Company Law of the People's Republic of China states that the debts of the company before division shall be jointly and severally borne by the company after division. However, unless otherwise agreed in the written agreement on debt settlement between the Company and its creditors before division.

    n***

    2024-06-06 05:01:41

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