What Is a Defunct Company?
Relevant laws and regulations in China have no clear provisions for business closure. According to Article 22 of the Regulations of the People's Republic of China on the Registration and Administration of Enterprise Legal Persons: Activities or suspension of business activities for one year are considered to be closed. "This is the only legal requirement we have found regarding the concept of" closed business ". Therefore, we consider "going out of business" as a specific legal concept. The conditions for "going out of business" should be: first, the company should stop its business activities in accordance with the law; second, the company has not reached or stopped operating activities must reach a certain period.
Company closed
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- Chinese name
- Company closed
- According to
- Regulations on the Administration of Registration of Enterprise Legal Persons
- nickname
- Go out of business
- Explanation
- Company closed for some reason
- Relevant laws and regulations in China have no clear provisions for business closure. According to Article 22 of the Regulations of the People's Republic of China on the Registration and Administration of Enterprise Legal Persons: Activities or suspension of business activities for one year are considered to be closed. "This is the only legal requirement we have found regarding the concept of" closed business ". Therefore, we consider "going out of business" as a specific legal concept. The conditions for "going out of business" should be: first, the company should stop its business activities in accordance with the law; second, the company has not reached or stopped operating activities must reach a certain period.
- Go out of business, ie
- I. How to accurately grasp the determination of the "going out of business" of a corporate legal person
- In view of the diversity of the expressions of the suspension of business activities of corporate legal persons and the status quo of China's industrial and commercial administration, in the implementation practice, in order to strictly control the conditions of proportional distribution, improve the efficiency of implementation, and protect the legitimate rights and interests of creditors on an equal basis, we believe that One of the following conditions can be regarded as "closed business": (1) the enterprise has obtained a business license of a corporate legal person and has not engaged in business activities within six months after opening; (2) the enterprise first obtains the business license of a corporate legal person and takes it to the court first When measures are taken to seize, detain, or freeze all or major property, or when the enterprise ceases to operate for one year; or (3) when the court first adopts preservation or enforcement measures to seize, detain, or freeze all or major property , The enterprise was revoked by the industrial and commercial administrative authority according to law on the date of the business license of the enterprise legal person.
- 2. Mastering the "closed" time of corporate legal persons
- We believe that the grasp of the "closed" time of an enterprise legal person shall be based on the people's court taking the preservation or enforcement measures first in the trial of the case or in the enforcement process. In view of the fact that it may take a long time for the court to take the measures of preserving or seizing, freezing, or freezing all or the main property of the person subject to execution to the completion of the execution, it may take a long time. During this period, it may also generate new proportional applicants. Clearly define the base time for closed business. This benchmark time shall be based on the time when the court first took measures to protect or enforce all or the main property of the person being executed. That is, those who meet the above-mentioned "closed" standards before this reference time can be allocated proportionally, and those who meet the "closed" standards after this reference time cannot be allocated proportionally.