semi precious gemstone jewelry wholesale What is "liquidation settlement"?

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icated liquidation (/winding up) is a legal procedure. The company's production operation stops. All assets (including machinery, factories, offices and property) are sold in the short term and changed in the short term. Back to cash, then repay (assigned) unpaid debts in order, and then announce a series of processes of dissolution of the company in accordance with legal procedures.

This Chinese name liquidation, which belongs to a legal procedure

Ifir production operations stop announced that the company's dissolution

can be simply divided into two types r R n
Basic introduction

Is when the company has problems, or the debt is high. Or shareholders dispute. Or if you do not operate well, the possibility of liquidation is naturally liquidated. After the company's asset settlement is settled and distributed to the creditors and shareholders, the company has also ended. The liquidation and processing methods of Co., Ltd. and unlimited companies are different. In summary, because unlimited companies are not legal groups, they operate in the form of wholly -owned or partnerships. The registration certificate is much easier than the limited company. At the same time, because the creditors can directly enter the court to recover the debts from the person in charge of the infinite company, and even ask the parties to declare bankruptcy to repay, so the unlimited company will only have a voluntary liquidation. Or stop operating without compulsory liquidation proposed by the creditors. After deciding on the liquidation or suspension, it will be sold for all assets of the company. In fact, many times when shareholders cannot continue cooperation, they decide to liquidate or have no consensus. You can enter the court. Some courts assign intermediaries to deal with liquidation work, but whether the liquidator is appointed by himself or the court assigned, the cost will be deducted first in the company's assets. If you sell unlimited companies to others, you only need to buy and seller the shareholders through the agreement, and allocate the amount obtained from the company's income into the company's assets. The tax bureau will make an evaluation again.

Basic classification

The liquidation can be simply divided into two types, including:

The company's willingness to believe that the company's original mission has been completed, or the company is unnecessary to operate again. This type of liquidation may not be so -called "not debt".

Courage liquidation (): Because the funds of a company cannot compensate the liabilities, the creditors are recovered by civil law. Finally, the court issued a mandatory liquidation order.

It automatic liquidation

It automatic liquidation can be divided into: company members automatic liquidation, creditors automatic liquidation.

In company members automatically liquidation

Is when the company's members determine the company's automatic liquidation and dissolve the company, the automatic liquidation will be carried out. If the company's members are decided to liquidate, the company will usually stop operation and automatically liquidation will also be announced. If the company pays the debt repayment capacity and the company's members can provide a statutory statement to prove the company's ability to repay, the liquidation will be regarded as automatic liquidation of the company's members.

In the above automatic liquidation case, the meeting decisive appointment of liquidants for liquidation. Otherwise, the liquidation case will be regarded as the automatic liquidation of the creditors, and the creditors' meeting will be held. At this time, the company's directors must report the company's affairs. If the creditors are carried out automatically, the company's liquidation review committee will also set up and appoint members of the review committee.

He even if the company's automatic liquidation starts, the court may still issue a mandatory company liquidation order, but the sharing of the invitation liquidation may need to pay attention to the automatic liquidation may have prejudice to other shareders.

The creditor's automatic liquidation

The automatic liquidation of creditors and the automatic liquidation of shareholders are whether the bonds can be offset. However, whether the former or the latter, the shareholders will hold a special meeting to pass the liquidation resolution, and then hold a creditor meeting. At that time, all the creditors must also attend, such as banks, suppliers, etc. The conditions for voluntary liquidation, when determining the liquidation, need to assign liquidates to be responsible for all liquidation matters. For example Appointment of shareholders.

Courage

If the company's liabilities are too large, its creditors and/or company members can enter the court to submit a liquidation.

In offspring to submit it, the court will make a liquidation to hear, and the court will issue a mandatory liquidation order to order the company to liquidate. The mandatory liquidation is the liquidation of the debt in the court to recover debts. When the creditors get a value order, the company will receive a formal notice to pay off the debt repayment within the 21st. If the company cannot repay, the creditors can apply for a mandatory liquidation to the court. If no one is opposed to the company's liquidation application when the official goes to court, the court will appoint the bankruptcy management department as the liquidation person. If some complex liquidation matters are encountered, the accountant can be hired. For more regulations, because listed companies are also regulated by the Stock Exchange and the Securities Regulatory Commission at the same time. If the company is entered into the paper to apply for liquidation, it is necessary to stop operating to prevent too much stock price fluctuations in the stock market.

The temporary liquidation person

In liquidation of the liquidation to submit the liquidation to sign in. Professionals such as accountants or lawyers are temporary liquidants ((s)). After the temporary liquidator will issue a liquidation order in the court, all the assets of the liquidation company will be collected and sold in order to obtain the highest debt of the creditors. In addition, the temporary liquidation personnel will hold and hosted the first creditors and sharing meetings after the court issued a liquidation order to discuss the appointment of the official liquidator and the establishment of the review committee (if there are).

Clains responsibilities

Whether it is a limited company or an unlimited company, the liquidator (middleman) will also take over and control all the assets of its company, including recovery and repaying debt items , And allocate after completing the asset collation. If it is an unlimited company, the assets are all under the name of the shareholders; if they are a limited company, the assets are divided by creditors and shareholders, but the liquidator will pay off the debt to pay the debt in the preferred order of the creditors. Furthermore is repaid to the right of the rights, that is, the employee and the government, and then the unsecured creditors, and finally submitted it to shareholders to distribute it in proportion. It should be noted that there is a mortgage creditor among the creditors. After the liquidation starts, they can immediately sell the mortgage to debt. If there is still a model after deducting the debt, they need to be handed over to other creditors. One thing is worth mentioning that even if the court cannot contact the company's accounts and assets, the debt is not recovered, but the cost of liquidation and the cost of the court still need to be responsible for the applicant's responsibility The general charging is about 50,000 to 60,000, which shows that there is a risk of incubation. Therefore, if it does not involve a large amount, the general creditors will not easily apply to the court to clear the company. When a company is liquidated, the liquidation person will sell all the assets, and then debt in order to clear the debt in order. Credit claims are mainly divided into two types: mortgage claims and unsecured debt. For example, if Lehman is based on its stock, such as Greentown China (3900), borrow money from you for the collateral. After the liquidation starts, you can immediately retrieve this batch of stocks to turn the money to debt. If there are remaining models, you want to return the liquidation person and become the company's assets, and issue it to other creditors in the order; if the mortgage selling the money is insufficient, you will be included in the list of unsecured debt.

In the order of returning to clear, in addition to the remuneration, employees and governments of the liquidation, the location of the bank is also ranked very ahead. You may ask, why can banks get money earlier than other creditors? The legal explanation is to protect the health of the financial system and the interests of the public. Because of this, the bank enjoys a preferred position in the debt list. After that, it was the general unsecured creditor. Finally, shareholders, investors holding stocks. This time, the famous investment banks like Lehman have to choose liquidation, and we can infer that it is seriously funded. In this case, unsecured creditors can successfully claim the opportunity.

Clash dissolution

When all the company's assets have been realized and the company's affairs have been completed, the liquidator must hold a meeting of the last creditor/company member to discuss him intending to go The court applied for the relief of its liquidator and notified the government's registered government departments/institutions. After all transactions are completed, the company will dissolve.

Fund liquidation

Open funds generally do not stipulate their own duration, but in some cases, open funds may make liquidation decisions, through liquidation and distribution through liquidation and distribution Fund assets end it.

The situation of open funds requires liquidation

(1) According to the provisions of the fund contract or company articles of association: If the regulations of Taiwan, the termination of the securities investment trust contract, the except law, another law In addition to the provisions, in accordance with the securities investment trust contract.

(2) The holder's conference or shareholders' meeting resolution is approved: If the British regulations are approved by special resolutions, open funds can be liquidated. The liquidation of the Hong Kong Open Fund also requires a resolution of the holder's conference.

(3) The case of the competent authority cancels the license of open funds:

① According to the written application of the fund manager. Britain stipulates that the authorized directors of the fund manager applied to the financial service bureau (FSA) to cancel the authorization. With the consent of the FSA, open funds can liquidate.

② Improper establishment or becoming improper. For example, the Netherlands stipulates that if the materials that were originally established were incorrect or incomplete or due to changes in the situation, the establishment of an application under the same conditions would be rejected, and the Ministry of Finance could cancel the license.

③ Fund managers and custodians no longer have legal conditions. For example, South Korea stipulates that under the circumstances of the community (fund manager) being disqualified and dissolved, it can abolish the trust contract without being ordered by the Minister of Finance.

④ the interests of public welfare or beneficiaries. For example, Taiwan stipulates that if the interests of public welfare or beneficiaries, it is appropriate to terminate the securities investment trust contract.

The condition of the fund liquidation

It one of the following situations, the fund is terminated after approval by the China Securities Regulatory Commission:

1. Fund contract period expires. And not extended;

2. During the duration, the number of fund holders is less than 100 for 60 consecutive working days, or the net asset value of the fund assets of the fund is less than 50 million yuan in a row. Fund management People announce the termination of the fund;

3. The fund is terminated by the fund holder conference;

. Due to major violations of laws and regulations, the fund is ordered by the China Securities Regulatory Commission to terminate;

5. Fund managers cannot continue to serve as the fund's manager due to dissolution, bankruptcy, cancellation and other reasons. There is no other appropriate fund management agency in 6 months to undertake its rights and obligations; r r

6. Fund custodian due to dissolution, bankruptcy, cancellation and other reasons cannot continue to serve as the custodian of the fund. There is no other appropriate fund custodian institution within 6 months to undertake its rights and obligations;
n n n n n n n n n R n 7. Fund mergers caused by changes in the investment direction, withdrawn;

8. Laws and regulations or other situations allowed by the China Securities Regulatory Commission; The fund is liquidated to the fund in accordance with the laws and regulations and the relevant provisions of the fund contract.

stock liquidation

The dealer does all the seats in the securities transaction. Pay a certain deposit. If the dealer operates properly and causes the accounts of accounts and severe losses, etc., all the power of the securities exchanges shall close the position of the dealer, which is generally called liquidation.

Inning to help the market

In liquidation to listed companies is an inevitable trend for the maturity of the Chinese stock market. The protection method is liquidated.

The listed companies that have not repaid the debt and have lost operating conditions In the process of liquidation, they replaced a good company to go public through technological innovation. The provincial standard operation guidance team led the original listed company to liquidate the original listed company. When the stock (that is, 2 yuan and 1 shares) to purchase the stock stock of the new company, you can also sell old stocks. Theoretically, the full circulation risk management fund has repurchased 50 million shares of the original listed company with 20 million yuan and 20 million yuan to purchase a new listed company stock stock at a net asset of 1 yuan and 1 shares. Holding 10 million new shares, 10 million new shares holding new shares in the full circulation risk management fund, and new companies use 20 million yuan as the cost of buying the shell. After solving the two major problems of shareholders and employees of circulating shareholders, the bankruptcy procedures of the old company should be able to solve it successfully. After the new listed company operates for one year in the third board market, after the situation of the new and old listed companies is all clear, it is recommended by the standardized operation team. When reporting to the CSRC, it can issue 30 million shares in the Stock Exchange and listed.