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Research On The Selection And Appointment System Of Company Liquidation Obligations

Posted on:2022-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:D Y XuFull Text:PDF
GTID:2516306320991519Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Determining the main scope of the company's liquidation obligor is the first step to successfully start the liquidation process,and it also lays the foundation for the establishment of a complete company's liquidation obligor selection system.At the same time,it can also solve the problem that many Chinese companies fail to liquidate in a timely manner or fail to liquidate after dissolution and thus default on debts to creditors,and the interests of creditors cannot be legally protected.The selection and appointment of this article is equal to generation,so the research on the company's liquidation obligor selection and appointment system includes two major aspects,namely,the legal selection of liquidation obligors and the company's independent selection of liquidation obligors.The author mainly elaborates this article according to the following ideas.This article believes that the control theory and the fiduciary duty theory are the common legal basis for the determination of the main body of the company's liquidation obligor,so as to determine the legally-appointed liquidation obligor as the director,controlling shareholder,and actual control People,excluding small and medium shareholders,managers and other senior management personnel.At the same time,research on the effectiveness of the company's independent selection of liquidation obligors,with a view to constructing a complete system for the selection and appointment of liquidation obligors.
Keywords/Search Tags:Company, liquidation, liquidation obligor, appointment
PDF Full Text Request
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