Legal analysis:
After the company is cancelled, it does not affect the legal validity of the contract. Therefore, the corresponding contract can be handled as follows:
1. If the company is canceled without notice, the original shareholders and investors of the company can be directly sued and demanded to bear the contractual liability.
2. If the cancellation company has notified the company to cancel the declaration of claims, it shall be handled according to the cancellation process stipulated in the Company Law. The debt owed to external parties should be returned first or appropriate arrangements should be made for the performance of the contract. Otherwise, the creditor has the right to sue in court for settlement. Our country's laws stipulate that a loan contract is valid when a company cancels it. A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by the law. After the company cancels the contract, the contract is valid, but the rights and obligations of the contract may be terminated. Specific provisions As above. All matters concerning the legal effects that the parties to the contract hope to produce by expressing their intention to conclude the contract must not violate the provisions of the law or the requirements of social public interests. Of course, if a contract contains multiple aspects, some of them will be invalid, which will not affect the validity of other parts.
Legal basis:
Article 490 of the "People's Republic of China and Civil Code" Where the parties conclude a contract in the form of a contract, it shall be signed, sealed or signed by both parties. The contract is formed when the fingerprint is pressed. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.
Derivative questions:
What are the steps of the branch cancellation process?
The steps for branch company cancellation are: 1. Set up a liquidation team and formulate a liquidation plan; 2. Use the liquidated property to pay off various taxes and fees; 3. Formulate a liquidation report and apply for company cancellation; 4. Handle cancellation Announcement will be made after registration. After cleaning up the company's assets and preparing a balance sheet and property list, the liquidation team shall formulate a liquidation plan and submit it to the shareholders' meeting, general meeting of shareholders or the people's court for confirmation.