In today's economic climate is a known issue that our business partners are to each other. In some cases, the debt repayment has not been published, it is known that nowadays a huge number of companies are insolvent. Particularly irritating to be confronted with when a company belonging to the owner of our company, flea market allegedly members sell in order to break free from the discomfort, risk and responsibility that comes with ownership of an insolvent company's debts. The law tries to keep up with the economy's challenges and its own means, primarily by making legislation attempts to deal with the situation thus created. The following rules consider worth highlighting to highlight the issues raised.
One of these is used for initiation of proceedings. As a rule, during the three years prior to the commencement of the winding-up shares conferring flea market a member (former member), flea market which have a majority influence behind to be responsible, provided that (placed under liquidation) company in debt in excess of the registered capital of 50% is with the lender or a liquidator, the court asks the Member (former member majority influence) to establish liability. If the court finds liability, the former member has unlimited liability for its own assets unmet need for creditors, so they are obliged to fulfill. The responsible person free session is also possible, that does not comply - if the lawsuit - proving that (1) the share transfer idppontjában the debtor was solvent (ie until the date each debt passed the due date) and the debt only after the transfer of shares accrued, or prove that (2) the debtor company (in which its shares transferred to the former members) as debts have been wholly or partially unable to pay, but in connection with the transfer of former members of Holdings' good faith and in the interests of creditors of the region "was away. The transfers of the liquidator by the creditors' rule during the invention and the answer sheet must inform creditors, flea market given the fact that this lawsuit may be brought only within flea market 90 days after the course of the liquidation, and up to a final conclusion.
Similarly, the interests flea market of creditors (business partner) contains the rules protecting the Company Registration Act as well. This element of liability is regulated in relation to the forced cancellation process. The forced flea market cancellation process, among others, then brought against the company if legal proceedings have carried out. This is because, for example, if the company did not send the tax authorities call the Accounting Act. review of the commercial court of cégtv. based on the company cancels within 20 working days of the notification to the tax authority, and is to be paid 50 000 per inspection fees, and the company "fantomcég", flea market members, officers, etc. are unknown. and the company's application for registration of change needed to restore the legitimate operation periods were submitted by the company to be wound up by the court.
In this method, if the liability of the members of at least a majority influence (shareholder) of the company's debts was limited and the company by the court canceled after the forced cancellation process from the register so that the company is unsatisfied debts left the company a creditor of the forced cancellation process earnings brought within the ninety-day period flea market after final completion of the court has held that members have unlimited liability, unless he proves that the start of the forced cancellation not due to his negligence.
In case of faulty performance of the remedy may require the holder. flea market In particular, the right to rectify errors in kind may require repair or replacement which may be the thing .... Read more
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Companies, flea market businesses are related treaties. Everything shown in everyday language acts as a business is a contract. This agreement may be varied, of course: buying and selling, something ... Read more
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