Alex Chang Companies Widing Up Handbook

How do I wind up a company?

Chinese 中文 Law In Malaysia and Legal Tips Publications Articles Winding Up

我该如何清盘公司

If a company owes you money and has failed, refused (do not want to) or neglected (forgot) to pay the debt, you may apply to wind it up by presenting a petition to court pursuant to section 218(1)(e) of the Act.
如果一个公司欠您钱,并且未能,拒绝(不想)或忽略(忘记)偿还债务,您可以根据《 1965年公司法》第218(1)(e)条向法院提出呈请书,以清盘该公司。

Related article “How to Get Paid By Winding Up Your Debtors!
相关文章“如何通过清盘债务人获得偿还!”

A winding-up petition of this type is usually presented by a creditor on the grounds that the company cannot pay its debts and this has to be proven to the satisfaction court.
债权人通常会以公司无力偿还债务为由提出这种清盘呈请,并且这一点必须证明至法院满意。

How do I prove to the court that the company cannot pay its debts?
我该如何向法院证明该公司无力偿还债务?

Commencement
开始

To start the process of winding up the lawyers will serve onto the debtors, a notice pursuant to section 218 of the Companies Act 1965 for the debtors to pay the debts within 21 days.
If the debtors fail to pay, a winding up Petition will be filed in court.

要开始清盘程序,律师须将根据1965年《公司法》第218条发出的通知送达于债务人,要求债务人在21天内偿还债务。
如果债务人未能还债,则可向法院提交清盘呈请。

Freezing the Bank Account
冻结银行账户

After the winding up Petition is filed, we may apply to the court for the bank accounts of the debtors be frozen.  The reasons for doing so is because many debtors will try to ’empty’  their bank accounts by moving the funds in their bank accounts once they know that their company is going to be wound up.
在完成清盘后,我们可以向法院申请冻结债务人的银行账户。这样做的原因是因为许多债务人一旦知道自己的公司将要倒闭,便会尝试通过转移其银行账户中的资金来“清空”其银行账户。

Hearing of the Petition
呈请的聆讯

The Winding Up Petition will usually be fixed to be heard in Court within two months of filing/ commencement as we have mentioned earlier.
正如我们之前提到的,清盘呈请通常会在提交/开始两个月内被定在法院审理。

“The Chinese Version is a translation to the best efforts and if there is a conflict between the translation and the English version, please refer to the English version.”
“此版本是我们尽心的翻译,如翻译版本与英文版本存在冲突,请以英文版本为准。”

Share this page: