Company establishment refers to the general term of a series of legal acts that the promoters must complete in accordance with the conditions and procedures prescribed by law in order to obtain legal personality of the company and in accordance with the Company Law, including the determination of the promoters, the signing of the promoters agreement, the formulation of the articles of association, the raising of the company's capital, the verification of capital, the determination of the company's organizational structure, and the registration of the company's establishment. The significance of the establishment of the company is very important and plays a crucial role in the future development of the company. Irregularities in the establishment of a company may lead to many disputes. This paper will be combined with cases to understand the concept of company establishment disputes...

The resolution of defective dispute is an important system of corporate governance. If a shareholder believes that the substantive content of the company's shareholders' meeting or the shareholders' general meeting or the resolution of the board of directors violates laws or administrative regulations, it may file a dispute to confirm the validity of the company's resolution; If the shareholders believe that the convening procedure of the meeting violates laws, administrative regulations or the articles of association of the company, or the content of the resolution violates the articles of association of the company, they may file a resolution of the company to cancel the dispute; If the flaws in the company's resolution are obvious and significant, even the existence of the resolution itself cannot be recognized, a lawsuit can be filed to confirm the non-existence of the company's ...

The bankruptcy system can provide judicial protection for enterprises in debt crisis, but at the same time, the internal personnel of enterprises, such as shareholders, actual controllers, directors, supervisors and senior managers, may result in potential litigation disputes due to bankruptcy proceedings. From the perspective of shareholders, actual controllers and directors' supervisors, this paper briefly analyzes the potential derivative lawsuits against the internal personnel after the bankruptcy procedure. Companies considering judicial protection through insolvency proceedings can plan ahead to avoid such litigation risks. The bankruptcy derivative litigation against the internal personnel of the enterprise is mainly divided into two categories: one is around the contribution obligation, such as the shareholder has not fulfilled the contribution obligation or withdrew the cont...

The resolution of defective dispute is an important system of corporate governance. If a shareholder believes that the substantive content of the company's shareholders' meeting or the shareholders' general meeting or the resolution of the board of directors violates laws or administrative regulations, it may file a dispute to confirm the validity of the company's resolution; If the shareholders believe that the convening procedure of the meeting violates laws, administrative regulations or the articles of association of the company, or the content of the resolution violates the articles of association of the company, they may file a resolution of the company to cancel the dispute; If the flaws in the company's resolution are obvious and significant, even the existence of the resolution itself cannot be recognized, a lawsuit can be filed to confirm the non-existence of the company's ...

Introduction The above article briefly discusses how bankruptcy system protects enterprises (debtors) in debt crisis from the perspective of enterprise (debtors) 's claims and debts. This article will make a simple analysis from the perspective of enterprise (debtor) litigation, enforcement including suspension of litigation and arbitration, suspension of execution and lifting of property preservation measures, and lifting of legal representative and other restrictions on high consumption measures.   一、Without the declaration of creditor's rights, it shall not directly bring a lawsuit to confirm creditor's rights and the litigation or arbitration that has been accepted shall be suspended According to Article 110 [1] of the "Nine Min Ji", the court will not accept a lawsuit for repayment filed after the bankruptcy is accepted, and at the same time inform creditors that the...

In recent years, with the economic downturn and the impact of the epidemic, a large number of enterprises have fallen into debt crisis. The common self-rescue methods, such as extending the repayment period by pledging core assets of enterprises, selling core assets or borrowing new loans to repay old debts, are not very satisfactory, because the above-mentioned methods can only alleviate temporarily or solve a specific debt. As far as enterprises (debtors) that are caught in debt crisis or capital chain break are concerned, the difficulties they are facing are many, selling assets or new loans are often to quench their thirst, and finally even the enterprises (debtors) and their actual controllers can not save a small amount of their own funds and core assets. As far as the author is concerned, when the person in charge or the actual controller of the enterprise (debtor) knows that ...