According to China's Bankruptcy Law and related judicial interpretations, for state-owned enterprises, the members of the liquidation team are appointed by the people's court from the higher authorities of the enterprise, the government finance department and other relevant departments and professionals. For non-state-owned enterprises, members of the liquidation group can be employed from professionals such as lawyers, accountants, auditors or asset appraisers; Of course, the prerequisite is that these employees must be approved by the people's court hearing bankruptcy cases. Because, according to the provisions of the Bankruptcy Law, the liquidation group must be responsible and report its work to the people's court, not to the shareholders' meeting of bankrupt enterprises or the higher authorities. The people's court shall promptly guide the work of the liquidation group, clarify the powers and responsibilities of the liquidation group, help the liquidation group to draw up the work plan and listen to the report of the liquidation group. If the liquidation group has any act that harms the interests of creditors or other illegal acts, the people's court may correct it upon the application of creditors or ex officio. The people's court may replace incompetent members of the liquidation group upon the application of creditors or ex officio. In addition, the law also stipulates that the liquidation group of bankrupt enterprises may employ necessary staff to participate in bankruptcy liquidation. However, we believe that these employees who are employed to participate in specific bankruptcy liquidation affairs do not belong to and should not belong to the concept of members of the liquidation group of bankrupt enterprises. Through the above introduction, it is not difficult to find that the composition of the liquidation team of bankrupt enterprises has the following particularity:
1, temporary, that is, temporary recruitment of personnel for the purpose of bankruptcy liquidation;
2. Professionalism, that is, members of the liquidation team are generally required to be familiar with bankruptcy procedures and bankruptcy business;
3, certainty, that is, the specific list of personnel is finally determined by the people's court;
4. There is no interest correlation, that is, the members of the liquidation team are required not to be held by the internal shareholders, management personnel of the bankrupt enterprise or personnel who have significant interest correlation with the property distribution of the bankrupt enterprise;
5. Changeability, that is, the people's court replaces the members of the liquidation group according to specific circumstances, especially when the members of the liquidation group are incompetent or have dereliction of duty.
Through the above analysis of the establishment time and conditions, functions or responsibilities, membership and other aspects of the liquidation group of bankrupt enterprises, we can make the following concluding comments on the legal status of the liquidation group of bankrupt enterprises:
1, the liquidation group of bankrupt enterprises is an institution established according to law for the purpose of ending the legal person qualification of bankrupt enterprises under special circumstances. It has no independent property, and its legal personality should be attached to the bankrupt enterprises themselves.
2. From the legal relationship of external creditor's rights and debts involved in bankrupt enterprises, the liquidation group of bankrupt enterprises is an ideographic organ or representative organ that represents the bankrupt enterprises to express their intentions.
3. From the perspective of internal organization and management of bankrupt enterprises, the liquidation group of bankrupt enterprises is the executive organ that manages bankrupt enterprises internally and performs liquidation obligations under the guidance of the people's court.
4. As the liquidation obligor of bankrupt enterprises, the specific functions or responsibilities of the liquidation group of bankrupt enterprises are completely stipulated by law, so its legal authority and subject status are also legal, and there is no question of free agreement.
The above is the relevant knowledge collected by Law Express about what is required for the members of the liquidation group to set up a company, hoping to help everyone. More legal information, all in the legal express.
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Related law
[1] Enterprise Bankruptcy Law of the People's Republic of China
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The liquidation group is also called the bankruptcy administrator. A specialized organization appointed by the court to receive, manage, clean up, evaluate and dispose of bankrupt's property after bankruptcy declaration. After the court declares bankruptcy to the debtor, the debtor can't manage his property, and the court, as a national judicial organ, can't directly manage and sell off the bankrupt's property; The following is a detailed explanation of the special knowledge of the liquidation group in this article by Xiaobian of Legal Express.
# Company Law
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After the bankruptcy of the company, the members of the liquidation team are created by the government department. Do the members of the liquidation team have a seal?
As a manager, the bankruptcy liquidation group can act as a plaintiff and participate in litigation, arbitration or other legal procedures on behalf of the debtor; Article 20 of the Bankruptcy Law of the People's Republic of China * * * After the people's court accepts the bankruptcy application, the civil litigation or arbitration concerning the debtor that has started but has not yet ended shall be suspended; After the administrator takes over the debtor's property, the lawsuit or arbitration will continue. Article 25 The administrator shall perform the following duties: (7) Participate in litigation, arbitration or other legal proceedings on behalf of the debtor;
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How did the members of the liquidation group of the company law come into being? How did the members of the liquidation group of the company law come into being?
Members of the liquidation group of the Company Law may be produced from the following persons or institutions: 1, shareholders, directors, supervisors and senior managers of the company; 2. Law firms and accountants established according to law
# Company Law
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What documents should the liquidation group formulate after the liquidation? What documents should the liquidation group formulate after the liquidation? What documents should the liquidation group formulate after the liquidation? What documents should the liquidation group formulate after the liquidation?
After the liquidation of the company, the liquidation group shall prepare a liquidation report as soon as possible and submit it to the shareholders' meeting or relevant authorities for confirmation, so as to apply for cancellation of the company's registration. The liquidation report is the summary and report of the liquidation work formulated by the liquidation group, which includes the identification of the company's assets by the liquidation group, the handling of unfinished business before the cause of dissolution, the settlement of creditor's rights and debts, the distribution of remaining property and so on. Shareholders meeting or
# Liquidation Group
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What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process? What are the obligations and responsibilities of the members of the liquidation team in the liquidation process?
Article 190 of the Company Law stipulates that members of the liquidation group shall be loyal to their duties and perform liquidation obligations according to law. Members of the liquidation group shall not take advantage of their powers to accept bribes or other illegal income, and shall not encroach on the company's property. Members of the liquidation group cause losses to the company or creditors due to intentional or gross negligence. Should be liable for compensation. When members of the liquidation group engage in liquidation affairs, they violate laws and administrative regulations.
# General liquidation
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