Generally speaking, if a shareholder finds that the company still has creditor's rights or other property rights after the cancellation of the company, he/she can file a lawsuit in his/her own name according to law to claim his/her rights. After claiming rights, the creditor's rights realized shall be distributed by the shareholders in proportion to their capital contributions.
The company's remaining creditor's rights involve internal and external legal relationships:
In terms of external relations, the remaining creditor's rights represent the ownership of the company's remaining assets, which belong to all shareholders;
In terms of internal relations, the remaining creditor's rights are represented as the distribution right of the company's remaining assets, and the shareholders determine the distribution share according to the proportion of capital contribution.
After the company is deregistered and the legal person status of the company is terminated, the original shareholders of the company can claim the rights of the outstanding claims in liquidation.
Legal basis
Article 64 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, if an enterprise legal person is dissolved, the enterprise legal person shall be the party before liquidation and cancellation according to law; If the enterprise is cancelled without liquidation according to law, the shareholders, promoters or investors of the enterprise legal person shall be the parties.
