Being happy is ... disbanded

Joint Stock Company in Ho Chi Minh City, Phu Nhuan Service (Maseco) has contracts with more than 500 tons of coffee at Hung Binh Co., Gia Lai province. Maseco applications nearly 4.4 billion, but Hung Binh not delivered as agreed. Maseco reclaim the money, only Hung Binh pay down a portion, is still nearly 3.2 billion principal. Maseco lawsuit claiming the debt and interest, then won.

But their cases are coming to the Hung Binh dramatic dissolution DN!

To be dissolved, the company had taken the reason business is not effective, the financial loss. Hung Binh also get confirmation of the tax authorities that do not owe taxes or penalties, paid bills, checked ... In the settlement documents for dissolution, Hung Binh declaration is not owed wages and have full payment of debts in relation to customers. The company also reported that the announcement was dissolved in three consecutive issues, according to regulations. Since then the Department of Planning and Investment (MPI) Gia Lai Province have resolved to dissolve the company.

Hung Binh Maseco that unpaid debts that the report "pure debt" is deliberately deceptive to be able to shirk responsibility for repayment. So complain to Maseco DPI Gia Lai province.

The business registration agency considered only the validity of the records, not actual verification of the debt situation of companies applying for dissolution. In pictures: DN wait to do paperwork at the Department of Planning and Investment Ho Chi Minh City. Photo: Internet

Dissolution: There must review records

DPI Gia Lai province has invoked the provisions of the Enterprise Law and the guidelines, said that companies send applications dissolved, the Department must address within seven days. The business registration agency considered only the validity of documents not verify the actual situation of debt, the company's labor officials. Businesses and self-responsible with the application of its dissolution.

Department guidelines also Maseco solutions under the guidance of the Corporate Law. Accordingly, the dissolution case file is inaccurate, fraudulent, the members of the company shall be jointly responsible for the payment of personal debt, liability in proportion to capital in the company. Specifically, the case Hung Binh Company has two members, Mrs. Le Thi Thanh Binh, accounting for 99.63% of charter capital should be responsible for 99.63% of the loan, other members take the rest.

Under this treatment, Maseco has sued two members of Hung Binh Company (dissolved) to court. Between September, the court was handling a case. The court also relied on decrees Corporate Law, said that the dissolution profile of Hung Binh Company is fraudulent, inaccurate, not current, so deal with two members of the company to pay the debt.

Proactively "dead"

Administration Business Registration (MPI) said that the DPI is often consult with tax authorities and police records prior to approval of the dissolution of the company. The company is owed clients, partners or not, the business registration body can not know. DN creditor may provide notice to the Department to prevent the companies owe the dissolution procedure. If companies do not keep up blocking, DN debt dissolution is complete, the lender can solve the case of Maseco said.

Mr. Nguyen Son Tung, a lawyer's operating law firm Legal United Law, said the case customers have a dispute with partners, the company sends a notice to the DPI to prevent the change of partners, which requires the agent to prevent the law change, capital transfer, to prevent dissolution. If the company is dissolved and its members bear personal liability for repayment but will be difficult for creditors. Because lenders that control the dispersal of personal property. So first stop is over.

Mr. Tung also said that if companies really unable to pay debts, they must "die" due process of bankruptcy, the Bankruptcy Law (2004). Bankruptcy procedures are transparent way to deal with debt, clearly owe, how much debt, the companies remaining assets do, enough to pay to whom, how much ... only when "clean" the new debt dissolution procedures.

"Freezing"

Administration Business Registration for the last time there are many cases where companies send notices to prevent the change of business registration information, causes less debt, and causes a lot of internal disputes.

The reason that companies often make is to represent the many obligations that have not yet completed, if the end to represent the fear of "crossing the bridge to burn". Or are there internal disputes over power, if not prevent the other person will be more representative, "Stone" old representative that when the decision is invalid ...

In particular, there are cases of violation of law firms, have tax debts, are under investigation ... there has to be "frozen" profile. When records are marked with the problem it will be "frozen", companies have not done many procedures.

Through difficult times is the business registration information but alerts from other agencies (courts, police, tax ...) or get a message asking "freezing" of the enterprise but can not link this information to record companies. Profile DN is settled on an electronic network. There may be cases where this occurs to receive alerts, on the other employee business registration request for dissolution is still dissolved.

To solve this problem, the Department for Business Registration is building new electronic version of the registry business, which has put on alert function, icing on the information network. For example, employees receive warning information will add a warning to electronic records. Staff have received if the dissolution profile of the company, filed an electronic network that will see this business being "frozen", said that this record will not solve the problem (and not solve ).

Quynh Nhu