1. If the company is not liquidated or bankrupt after cancellation, the shareholders, promoters or investors of the company shall be the parties;
2. If the company goes through liquidation or bankruptcy proceedings, the debts of the company shall be deemed to have been handled. If there are outstanding debts, the shareholders who have obtained liquidation assets from the company should be the subject of litigation.
Prosecution must meet the following conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
The legal consequence of the cancellation of the company is the termination of the company's legal person qualification, provided that it is liquidated according to law, which is the initiative of the company as a legal person. The cancellation of an enterprise is due to poor management, acquisition by other companies, non-extension of the prescribed operating period or internal dissolution of the company. , and voluntarily cancel according to law. After the liquidation 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 company registration and announce the termination of the company.
Legal basis:
code of civil law
Article 122
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 126
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.