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How to fill in without creditor announcement


        

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  • 2024-06-18 05:01:44

    If there is no creditor announcement, it can be filled in. According to the relevant laws and regulations of our country, only after the cancellation company organizes liquidation according to the following steps, can it go through the cancellation registration and announce the termination of the company: 1. Establish a liquidation group according to law. 2、 Announce and notify creditors to declare their claims and register their claims according to law. 3、 The liquidation group takes over the company and carries out liquidation. 4、 The liquidation group shall comprehensively clean up the Company's assets and prepare the balance sheet and inventory of assets. 5、 The liquidation group shall formulate a liquidation plan and submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation. 6、 Distribute the company's assets according to the liquidation plan confirmed by the shareholders' meeting, shareholders' meeting or the people's court. 7、 Prepare a liquidation report, submit it to the shareholders' meeting, shareholders' meeting or the people's court for confirmation, apply for cancellation of the company's registration, and announce the termination of the company.

    Legal basis

    Article 184 of the Company Law 【 Functions and powers of the liquidation group 】 The liquidation group shall exercise the following functions and powers during liquidation:
    (1) Liquidate the Company's property and prepare balance sheets and inventory of property respectively;
    (2) Notify and announce creditors;
    (3) Handle the company's outstanding business related to liquidation;
    (4) Pay off the taxes owed and the taxes generated in the process of liquidation;
    (5) Liquidate claims and debts;
    (6) Dispose of the Company's remaining assets after paying off debts;
    (7) Participate in civil litigation activities on behalf of the company.

    Article 185 of the Company Law [Creditors' declaration of claims] The liquidation group shall notify creditors within ten days of its establishment, and make a public announcement in a newspaper within sixty days. Creditors shall declare their claims to the liquidation team within 30 days from the date of receiving the notice, or within 45 days from the date of announcement if they do not receive the notice.
    When declaring the creditor's rights, the creditor shall state the relevant matters of the creditor's rights and provide evidentiary materials. The liquidation group shall register the creditor's rights.
    During the declaration of creditor's rights, the liquidation group shall not pay off creditors.

    Article 186 of the Company Law [Liquidation Procedure] After liquidating the company's assets and preparing a balance sheet and an inventory of assets, the liquidation group shall formulate a liquidation plan and submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation.
    The remaining property of the company after paying the liquidation expenses, wages of employees, social insurance expenses and legal compensation, paying the taxes owed and paying off the debts of the company shall be distributed by a limited liability company according to the proportion of capital contribution of shareholders, and by a joint stock limited company according to the proportion of shares held by shareholders.
    During the liquidation period, the Company shall survive, but shall not carry out business activities unrelated to liquidation. The company's property may not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.

    C***

    2024-06-18 05:01:44

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