How Do I Write a Dissolution Letter?
The company's liquidation trust, Liquidation Trust, is a trust company entrusted by the trustee to handle the dissolution and liquidation of the company. The client here can be either the company to be dissolved or liquidated, or the court. After the trust company accepts the entrustment of the client, it applies for dissolution procedures on behalf of the client to the competent authority.
Company dissolution liquidation trust
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- Chinese name
- Company dissolution liquidation trust
- Foreign name
- Liquidation Trus
- Object
- Trustee
- jobs
- Dissolve and liquidate matters on behalf of the company
- The company's liquidation trust, Liquidation Trust, is a trust company entrusted by the trustee to handle the dissolution and liquidation of the company. The client here can be either the company to be dissolved or liquidated, or the court. After the trust company accepts the entrustment of the client, it applies for dissolution procedures on behalf of the client to the competent authority.
- The trust company liquidates the company, that is, to clean up the company's assets, claims and debts, repay the company's debts, collect the company's external claims, pay the company's taxes and pay the company's remaining property according to the company's articles of association or Relevant regulations for disposal. After the liquidation is completed, the trust company must submit a liquidation report and relevant financial statements to the client and the court. [1]
- 1. Reasons for the dissolution of the company
- Common reasons for the dissolution of unlimited companies, joint ventures, joint stock companies and joint stock companies include:
- The reasons for dissolution as stipulated in the articles of association occur, such as when the time limit prescribed in the articles of association has expired;
- The cause of the company's business has been or can not be achieved;
- Merge with other companies;
- company bankrupt;
- Dissolution is ordered by the competent government department or court.
- The specific reasons for the dissolution of various corporate organizations are:
- All shareholders of the unlimited company organization agree to dissolve or demand dissolution;
- All unlimited liability shareholders or all limited liability shareholders of the two joint ventures withdrew their shares, or all shareholders agreed or requested the dissolution of the company;
- The shareholders' meeting of a joint stock limited company makes a resolution to dissolve, or the number of shareholders or the total capital of the company organization is lower than the statutory minimum amount;
- The unlimited liability shareholders or limited liability shareholders of a joint stock company have all withdrawn their shares, or all shareholders have agreed or requested the dissolution of the company.
- 2. Duties of the trust company
- The dissolution of a company must be understood by the dissolution registration and various necessary procedures. As for bankruptcy, there are other bankruptcy procedures, which are not in the ordinary procedures of understanding and dissolution. If the company that is considering dissolution is not desperate, or it is just because of temporary turnover difficulties, but the shareholders still have a strong desire to operate, then if the company consults with the trust company, if the trust company believes that it can turn around, the trust company should plan and maintain first Try to help the company. If the company had no hope of a turnaround and had to dissolve, the trust company had to accept the commission to understand the dissolution.
- Liquidation and dissolution are closely linked. The liquidation procedures occur due to dissolution. The dissolution procedures must be completed before liquidation can be completed. Therefore, the company's dissolution and liquidation affairs are always entrusted to the same trust company.
- 1. Election and dismissal of liquidators
- A trust company must first obtain the liquidator's qualification for company liquidation. The trust company becomes a liquidator because of the election of the elector, and the elector shall have the right to dismiss the liquidator of the trust company. When a trust company is elected or dismissed as a liquidator, it must report its domicile, name, date of appointment and dismissal to the court within a certain period of time (usually 15 days). If the trust company is selected by the court as the liquidator, it shall also announce its dismissal.
- 2. Authority and responsibilities of trust companies
- Once a trust company is elected or appointed as a liquidator, it has the power to represent all acts of the company. Such powers are the same as those of the directors of the liquidation company.
- Since the trust company is a liquidator, it must perform its duties as a liquidator. The main duties of a liquidator are:
- Check the company's property status;
- Close the company's existing business;
- Recover the company's creditor's rights and repay the company's debt;
- Distribution of the remaining property of the liquidation company;
- Request for recognition of liquidation results.