Question 2: What do you mean? Five-point revocation right, also known as revocation right, refers to the right of creditors to request the court to revoke their property or rights when the debtor and others dispose of them, endangering the realization of creditor's rights. In other words, the debtor and the third party have committed some acts that damage your creditor's rights, and you can ask the court to cancel their acts.
Civil acts against omission debts.
The debt of omission refers to the debt whose payment content is whether the debtor should act as it. Because past actions are inaction, you can't undo them.
A civil act aimed at providing services.
A civil act aimed at providing services. For example, A should go to work every day and pay off your debts on time. But yesterday A went to a third person's house to help move, delayed his work and was deducted from his salary. However, you can't exercise the right of cancellation because labor is not like money. Money can be repaid by a third party to the other party, but the labor service can't be returned.
Refuse property rights and interests
A owes you money, and the third person wants to give it to A for nothing. If A refuses, you can't cancel A's behavior.
An act that takes property rights that cannot be seized as the subject matter.
A gave his necessities to a third person, and you can't ask to cancel the gift, because even if A can't pay the bill when it is due, you can't enforce his necessities.
Question 3: What does it mean for the Industrial and Commercial Bureau to revoke compulsory measures? The revocation of compulsory measures means that the law expressly stipulates that it must be revoked or it should be revoked because of improper compulsory measures. In any of the above circumstances, it shall be revoked in time according to law.
Question 4: What is the right of revocation? The right of revocation, also known as the right of revocation, refers to the right of creditors to request the court to revoke their property or rights when the debtor and others dispose of them, endangering the realization of creditor's rights.
Question 5: What is the creditor's cancellation right? To put it simply, the creditor's cancellation right means that someone else still has to buy a house by himself if he can't pay back the money he owes you. In order to ensure that he can pay you back, you ask the court not to allow him to sell the house. The significance of rigor is as follows:
The creditor's right of cancellation, also known as "cancellation right" or "cancellation right", refers to the creditor's right to request the court to cancel the lawsuit in order to preserve the creditor's right when the debtor's behavior of reducing its property endangers the realization of the creditor's right.
Question 6: A legal act that can be revoked refers to a civil act that can be revoked by the parties at the request of a people's court or an arbitration institution according to law because the expression of intention is inconsistent or the expression of intention is not free. A revocable civil act does not fully meet the valid elements of a civil legal act, but it still takes legal effect temporarily based on the contents expressed in the will, and at the same time gives one party the right to change and revoke it. If the parties exercise this right, the * * * behavior will change its effectiveness or become invalid. If the parties do not exercise this right, the original effect of the law will remain unchanged.
There are five kinds of civil acts that can be changed and revoked:
(a) a major misunderstanding of civil behavior.
(2) obviously unfair's civil acts.
(three) fraudulent contracts that harm the interests of the state.
(4) Contracts concluded under coercion that do not harm the interests of the State.
(5) Contracts concluded by taking advantage of people's crisis.
Question 7: What does it mean that "a revocable legal act cannot be opposed to a bona fide third party after it is revoked"? Please give an example. Party A signed a sales contract with Party B by fraudulent means and bought jade worth 10000 yuan from Party B at the price of1000 yuan. After buying jade, Party A sold it to unsuspecting Party C for eleven thousand yuan. After being discovered by Party B, Party B applies to the court to cancel the sales contract. It should be that the contract was purchased by Party A from Party B by fraudulent means, and it is a revocable contract. This contract is invalid from the beginning. Party A has the obligation to return the jade, and Party B has the obligation to return 100 yuan.
Since Party A bought jadeite from Party B and sold it to bona fide Party C at a reasonable price (because Party C didn't know it), Party B could not apply to the court to enforce the jadeite held by Party C at this time, but only asked Party A to make compensation.
The above case means not to confront a bona fide third party.
Question 8: What do you mean by enterprise cancellation? The cancellation of an enterprise means that the company disappears completely, the legal person qualification is terminated according to law, all employees are dismissed, all bank money is recovered, and all creditor's rights and debts are terminated.
Logout process:
The industrial and commercial bureau first files → publishes the newspaper → the IRS applies for cancellation → the local taxation bureau applies for cancellation → the industrial and commercial bureau submits cancellation information → the code is cancelled → the bank is cancelled.
The cancellation process of the whole company is generally about 5 to 7 months, and the cancellation time of the branch company is about 4 to 5 months. If the company has some serious problems, it will even take a year to cancel.
Question 9: What do you mean by stock cancellation and repurchase? Stock repurchase refers to the listed company buying back a certain number of issued shares from the stock market. After the stock repurchase is completed, the company can cancel the repurchased shares, but in most cases, the company keeps the repurchased shares as "treasury shares" and still belongs to tradable shares, but does not participate in the calculation of earnings per share and income distribution. Treasury shares can be used for other purposes in the future (for example, employee welfare plan, issuing convertible bonds, etc.). ) or sell it when you need funds. 2) The main purpose of stock repurchase: anti-takeover measures. Stock repurchase is often used as an important anti-takeover measure abroad. Repurchase will increase the company's share price, reduce the number of shares circulating outside, and increase the acquisition difficulty of the acquirer; After the share repurchase, the company has fewer shares in circulation, which can prevent the circulating shares from falling into the hands of attacking enterprises. Improving the capital structure is a better way to improve the company's capital structure. After repurchasing some shares, the company's capital has been fully utilized and earnings per share have also increased. Stabilize the company's share price. The low stock price will undoubtedly have a serious impact on the company's operation. Low stock price will reduce people's confidence in the company, make consumers doubt the company's products, and weaken the company's ability to sell products and open up markets. In this case, the company's repurchase of shares to support the company's share price is conducive to improving the company's image. In the process of rising stock price, investors pay attention to the company's operation again, consumers' trust in the company's products increases, and the company has the possibility of further rights issue financing. Therefore, repurchasing stocks when the stock price is too low is a powerful means to maintain the company's image. Necessity of establishing employee stock ownership system in enterprises. The company will use the repurchased shares as stock reserves to reward outstanding managers and transfer them to employees at preferential prices. The influence of stock repurchase on the company's profit. When the company implements stock repurchase, the stock price will change, which is the superposition of two aspects: First, the net asset value per share of the company's stock will change after stock repurchase. Under the assumption that the return on net assets and the price-earnings ratio remain unchanged, there is an unchangeable relationship between the net asset value and the stock price, that is, the net asset multiple. Therefore, the stock price will change with the change of net asset value per share, and the change of net asset value in stock repurchase may be upward or downward; Secondly, influenced by the company's repurchase behavior and investors' psychological expectations, the market will be optimistic about the stock, and the stock price will rise, which is generally upward. Suppose a company's share capital is 6,543,800,000 shares, all of which can be circulated, and the net asset value per share is 2.00 yuan. Let's see what impact it will have on the company in the following three situations. The share price is lower than the net asset value. Suppose the stock price is 1.50 yuan. In this case, if 30% or 30 million shares are repurchased, the net asset value of the company after repurchase is 1.55 million yuan, and the total share capital after repurchase is 70 million yuan, then the net asset value per share will rise to 22 1 yuan, which will cause the stock price to rise. The stock price is higher than the net asset value, but the cost of equity financing is still higher than the bank interest rate. In this case, the company's repurchase is still profitable, which can reduce the financing cost and improve the after-tax profit per share. Suppose the last company made an annual profit of 30 million yuan, all of which were distributed as dividends. The bank's one-year loan interest rate is 10%, and the stock price is 2.50 yuan. The company's equity financing cost is 12%, which is higher than the bank interest rate 10%. If the company repurchases 30% of the company's shares with bank loans, the company's profit will become 22.5 million yuan (excluding tax), the company's share capital will become 70 million shares, and the profit per share will rise to 0.32 1 yuan, an increase of 300038+0 yuan compared with that before the repurchase. Under other circumstances, repurchasing shares under other circumstances will undoubtedly reduce the after-tax profit per share and harm the interests of shareholders of the company (referring to the remaining shareholders after repurchase). Therefore, at this time, stock repurchase can only be used as a means to stabilize the stock price and enhance investors' confidence when the stock market plummets, or as a "scorched earth tactic" to consume the company's remaining funds in the anti-takeover war. This measure does not apply in all cases. Because the stock price may rise in the short term, but in the long run, due to the decline in after-tax profit per share, the company's stock price rise is only a temporary phenomenon, unless it is to deal with extraordinary circumstances, there is generally no need to take stock repurchase.