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How to sue enterprises for malicious cancellation of evaded debts
What if the company maliciously evades debts? 1. Creditors may apply to the court for liquidation. According to the laws of our country, if a company has reasons for dissolution, it shall set up a liquidation group within 15 days from the date when the reasons for dissolution appear, and carry out liquidation on its own. If the liquidation is not carried out within the time limit, or the liquidation group is set up but deliberately delayed, or the illegal liquidation may seriously harm the interests of creditors, the creditors may apply to the court for liquidation. 2. Creditors may require shareholders to bear joint and several liabilities (1). If the shareholders or actual controllers fail to set up a liquidation team within the statutory time limit, resulting in depreciation, loss, damage or loss of the company's property, creditors may claim that the shareholders or actual controllers shall be liable for compensation for the company's debts within the scope of losses caused; (2) The shareholders or actual controllers are slow to perform their obligations, resulting in the loss of the company's main property, account books and important documents, and it is impossible to carry out liquidation. (3) After the dissolution of the company, if a shareholder or actual controller maliciously disposes of the company's property, or defrauds the company registration authority of cancellation of registration with a false liquidation report without liquidation, the creditor may claim that the shareholder or actual controller shall bear corresponding liability for compensation for the company's debts. (4) If the company fails to liquidate due to cancellation of registration without liquidation, the creditor may claim that the shareholders or actual controllers are liable for the debts of the company. (5) If a company cancels its registration according to law without liquidation, and when the company registration authority cancels its registration, the shareholder or a third party promises to be liable for the company's debts, the creditor may claim to be liable for the company's debts.

When a company is dissolved, it is revoked without notifying creditors, liquidation or providing false liquidation report, which can be defined as malicious evasion of debts.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis:

Company Law of the People's Republic of China

Article 185 The liquidation group for creditors to declare their creditor's rights shall notify creditors within 10 days from the date of establishment and make an announcement in a newspaper within 60 days. Creditors shall, within 30 days from the date of receiving the notice, and within 45 days from the date of announcement if they have not received the notice, declare their claims to the liquidation group. When a creditor declares its creditor's rights, it shall explain the relevant matters of the creditor's rights and provide supporting materials. The liquidation group shall register the creditor's rights.

During the declaration of creditor's rights, the liquidation group shall not pay off the creditors. Article 186 After clearing up the company's assets, preparing the balance sheet and list of assets, the liquidation group shall formulate the liquidation plan and report it to the shareholders' meeting, shareholders' meeting or the people's court for confirmation. After paying the liquidation expenses, employees' wages, social insurance expenses and statutory compensation respectively, and paying the taxes owed to pay off the debts of the company, the remaining property of the company shall be distributed by the limited liability company according to the proportion of shareholders' capital contribution, and by the joint stock limited company according to the proportion of shareholders' shares. During the liquidation period, the company shall survive, but shall not carry out business activities unrelated to liquidation. The company's property shall not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.

Article 188 After the liquidation and cancellation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company registration and announce the termination of the company.