Introduction to the case

    On July 6, 2021, Company A and Company B Co., Ltd. (now cancelled, as Party A of the contract, hereinafter referred to as Company B) signed the "Event Service Contract". The contract stipulates that Company A is responsible for providing comprehensive exhibition operation services in accordance with Party A's requirements for the platform of a certain World Artificial Intelligence Conference held in the World Expo Exhibition and Exhibition Hall from July 6 to July 10, 2021. Including providing human support and services such as ceremonial docents, photographers, cleaners and related part-time personnel, and arranging nucleic acid tests for the above personnel in accordance with local epidemic prevention requirements. The contract amount is 58,230 yuan. After the contract was signed, Company A had provided all the services as agreed in the contract, and Company B should pay Company A the full contract amount. Company A repeatedly urged Company B for the relevant payment, but Company B refused to pay for various reasons. What's more, Company B did not follow the statutory dissolution and liquidation procedures stipulated in the Company Law of the People's Republic of China, and maliciously cancelled the company to avoid debts, leaving Company A with no way to protect its rights and interests. In order to safeguard its legitimate rights and interests, Company A sued Ms. Wang, the shareholder and legal representative of Company B, in court, demanding that she be responsible for paying off the debts of Company B.

Lawyer intervention

    Company A believes that during the dissolution and liquidation of Company B, Ms. Wang's malicious cancellation of the company directly caused Company A to suffer losses, so Ms. Wang should be liable for compensation to Company A for the aforementioned debts of Company B. Company A came to Beijing Rude Law Firm for help.

     Beijing Rude Law Firm assigned lawyer Sun Aolin and trainee lawyer Han Yi to handle the case.

    Sun Lin, a lawyer, graduated from Three Gorges University and is currently the director of the Civil and Commercial Department of Beijing Rude Law Firm.

    In terms of professional fields, Sun Aolin is skilled in dispute resolution such as contract law, labor law, civil and commercial arbitration or litigation, and has strong ability to control and handle various litigation and related legal matters in civil disputes, economic fields.

    Sun Aolin has served as a perennial legal consultant for many enterprises in Beijing, covering traditional manufacturing, trading enterprises, labor-intensive enterprises, and various service-oriented enterprises. He has always adhered to integrity, conscientiousness, and excellence in his work, and is committed to providing good legal services to each party through professional legal knowledge.

    Han Yi, a trainee lawyer graduated from the Law School of Dalian University, has solid legal expertise and rich work experience. He is familiar with the writing of various official documents and legal texts; has excellent expression and communication skills; has excellent judgment and logical analysis skills; is upright and law-abiding; has a wide range of hobbies, enjoys interacting with people, and does his best to provide clients with better legal services.

Case handling process

    After receiving the case, lawyer Sun Aolin and trainee lawyer Han Yi actively collected evidence and conducted a comprehensive and detailed analysis of the case and relevant evidence. They believed that Ms. Wang did not notify the creditors in accordance with the law during the dissolution and liquidation process of Company B, nor did she pay off the debts of Company A. She made a liquidation report that the company's creditor's rights and debts had been cleared without authorization, and cancelled Company B. Her behavior caused Company A to be in trouble, unable to directly claim claims from Company B, and thus suffered losses. Therefore, Ms. Wang should be liable for compensation to Company A for the aforementioned debts of Company B. With the efforts of lawyer Sun Aolin and trainee lawyer Han Yi, the People's Court of Pinggu District of Beijing ordered the defendant Ms. Wang to compensate Company A for 58,230 yuan in service fees and interest. After Ms. Wang refused to accept the judgment of the first instance and appealed. Lawyer Sun and trainee lawyer Han Yi actively responded to the lawsuit. Finally, the 2nd-round Moderation Court made a judgment to uphold the first instance.

Lawyer reminder

    Liquidation is a legal procedure that a company must go through to end all legal relations as the subject of various legal relations when it is facing termination, so that the legal personality of the company can be eliminated according to law. This procedure is of great significance and has far-reaching impact on the rights and interests of the company itself, shareholders and creditors.

    When the company starts the liquidation and cancellation process, it must strictly follow the legal provisions and proceed steadily in accordance with the corresponding liquidation procedures. During the whole process, it is necessary to adhere to the principle of optimization, strive to promote the company to complete the liquidation and cancellation smoothly, properly settle the legal obligations of the company, and effectively protect the legitimate rights and interests of relevant creditors from any damage.