The company incorporates is point to two or the requirement that company of according to of two above company sets and program, it is action of a company through concluding amalgamative contract transforms.
The law of ★ company amalgamative issue is applicable
1, ” company law of People’s Republic of China “
The 173rd company is amalgamative and OK adopt absorb incorporate or set newly amalgamative.
A company absorbs other company to incorporate to absorb, the company that is drawn is disbanded. Two above company is amalgamative establish a new company to incorporate to be set newly, amalgamative each just are disbanded.
The 174th company is amalgamative, ought to by amalgamative each just sign amalgamative agreement, weave the balance sheet reachs belongings detailed list. The company ought to have loan of the 10 announcements inside day from the day that makes amalgamative resolution, go up in newspaper within 30 days announcement. Creditor rises 30 days from the day that receives notice inside, the from announcement day that did not receive notice rises 45 days inside, can ask debt of company pay off perhaps is offerred assure accordingly.
When the 175th company is amalgamative, amalgamative each square creditor’s rights, debt, the company adopt one’s brother’s son that ought to set newly perhaps by the company that add puts after incorporating.
2, ” top people court changes about cognizance and enterprise make relevant civil dispute case the regulation of a certain number of problems “
7, enterprise annex
Thirtieth enterprise annex agreement signs from party the become effective since the day of affix one’s seal. Need to be in charge of a branch to approve via the government, the day that annex agreement approves oneself has go into effect; Without approval, enterprise annex agreement not become effective. But party fills before controversy of first instance court is terminative run a newspaper approve procedure, people court ought to affirm this annex agreement is significant.
An enterprise absorbs thirtieth after incorporating, just ought to be assumed by annex by the debt of annex enterprise.
2 enterprises undertake thirtieth absorb when incorporating, consult the concerned regulation of company method, announcement informed creditor. The enterprise is absorbed after incorporating, creditor is managed by annex company former assets person (contributive person) the company debt that conceal or omits sues annex square, if creditor is inside announcement period,had declared this creditor’s rights, after annex just is assuming civil responsibility, can go to again by person of management of annex company former assets (contributive person) chase after countervail. If creditor is inside announcement period,had not declared this creditor’s rights, criterion annex just does not assume civil responsibility. People court can inform creditor to be sued separately by person of management of annex company former assets (contributive person) .
3 enterprises set thirtieth newly after incorporating, by the debt of annex enterprise by set the legal entity after incorporating newly to assume.
4 enterprises absorb thirtieth to incorporate or be set newly after incorporating, ought to be dealt with by annex enterprise and did not deal with industrial and commercial cancel register, creditor is sued by annex enterprise, people court ought to according to the particular case after enterprise annex, inform creditor to add responsibility principal part, sentence your responsibility main body to assume civil responsibility.
Thirtieth accuses 5 times with buying means to realize pair of enterprises, be accused the debt of an enterprise, still assume by oneself by its. But escape because of accusing an enterprise to smoke capital, dodge the creditor, send be accused an enterprise is insolvent of debt, be accused the debt of an enterprise criterion by accuse an enterprise to assume.