Research On The Identification Of Liquidation Obligors’ Delay In Performing Liquidation Obligations

In 2019,the national court civil and commercial trial work conference minutes(hereinafter referred to as "nine people minutes")mentioned in article 14,the current large number of professional creditors,its from other creditors in large low acquisition "zombie",filed a compulsory liquidation lawsuit,after the court review,according to the provisions of the company law of the People’s Republic of China on some issues(2)(hereinafter referred to as "the" company law interpretation(2)")in article 18,request co.,LTD.,shareholders bear the corresponding liability to the debtor.The courts at all levels make different judgments accordingly,which leads to the imbalance of the interests of shareholders and creditors.In this context,this paper mainly focuses on the identification of the liquidation obligor in the performance of liquidation obligations.On the basis of summarizing the cases,it is found that in judicial practice,the identification of shareholders ’delay in performing liquidation obligations mainly focuses on the failure to carry out liquidation work within the legal period and the failure to properly keep the company’s account books and important documents.Thus,it is found that in such cases,the courts at all levels are negligent in performing the liquidation obligations,and the courts have no precedent for the issue of directors’ responsibility for failure to perform the liquidation obligations.Thus the author first from the applicable problems of different laws,and from the improper expand shareholder liquidation liability correction,the company law of the People’s Republic of China(hereinafter referred to as the "company law revised draft second review"),the subject from multiple liquidation obligor to a single liquidation obligor demonstrates the fundamentally should be a director.Secondly,it discusses the identification method of neglecting to fulfill the liquidation obligation.Subsequently,due to the release of the second draft of the Amendment of the Company Law,article 228 of it summarizes the inappropriate performance of liquidation obligations as "failure to timely performance of liquidation obligations",which will expand the scope of inappropriate performance applicable to the liquidation obligations.The fourth part,the problem of not finish the liquidation obligations discussed the legal consequences,due to the company law revised draft second review directors not inappropriate liquidation obligations liability,so in the fourth part of the article,discusses the director responsibility legal basis is the violation of the duty of diligence,shall bear the type of responsibility is joint and several liability.