TERMINATION OF CAPITAL COMPANY’S ACTIVITY BEYOND THE REACH AT ITS LEGAL ADDRESS

Aldis Kaļva
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Abstract

The paper explores termination of the activity of a capital company if it cannot be reached at its registered office. For almost ten years, there is a grapple with a problem that limited liability companies are absent at their legal addresses or the consent of the owners of the property is forged to register the legal address of the company. Regulations have already been amended for several times with the aim of eliminating unfair practices, however, with little success up to now. Recently, in 2017, the amendments to the Commercial Law have come into force, which provides for the elimination of a capital company that will not be accessible at its legal address; therefore it is important to study the particular issue to determine the impact of the aforementioned amendments on the registration of a front company. As the aim of the paper was set to discover and analyse the problem of capital companies’ simplified liquidation if they cannot be reached at their legal addresses. Systemic, dogmatic and comparative methods of studying and analyzing normative acts and court rulings have been used in the paper.
资本公司在其法定地址范围之外的活动终止
本文探讨了资本公司在其注册办事处无法达成协议时终止活动的问题。近十年来,有限责任公司的法定地址不存在,或者伪造财产所有人的同意来登记公司的法定地址,这一问题一直困扰着中国。为了消除不公平行为,政府已经多次修改了相关规定,但迄今为止收效甚微。最近,在2017年,《商法修正案》已经生效,其中规定取消在其法定地址无法访问的资本公司;因此,研究具体问题,确定上述修改对幌子公司注册的影响是很重要的。本文的目的是发现和分析资本公司在其法定地址无法达成简化清算的问题。本文采用了系统法、教条法和比较法对规范行为和法院判决进行研究和分析。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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