Law

It's time to rule out a professional shop owner who is willing to turn a tiger into a ghost

2024-04-16   

In recent years, disputes caused by sudden closures in some pre paid gyms, educational institutions, and others have been a concern. Several parents have expressed that there have been "third parties" engaged in online and offline communication and coordination work. These third-party groups involved in trading are known as "professional store closures". They often have a complete store closure process and intervene when the company is facing closure or poor management, helping these institutions "escape the shell" and evade legal accountability. Yesterday was still on sale, but today it was suddenly announced that the store would be closed, followed by the appearance of a "professional store closure person" to deal with the aftermath. The result is that the boss runs away with money, professional store closures earn commissions, creditors and victims have nowhere to turn, and in the end, they can only consider themselves unlucky. Even more terrifying is that "professional store closures" have long been a public secret, and behind it, supporting organizations such as "debt intermediaries and financial bridges" have emerged to provide qualified "debtors" for the closure team. Although "professional store closures" are ostensibly disguised as "intermediaries", they help poorly managed companies plan their store closures and escape methods, and take over handling subsequent rights protection issues. But in reality, it is "selling dog meat while hanging sheep's head", which is helping those malicious shop owners or businesses to do "dirty work" to deal with the aftermath, and even colluding and colluding to carry out fraud. Therefore, the gray industry of "professional store closures" cannot be allowed to grow wild, but should be resolutely cracked down on. Whether it is individual businesses, partnership enterprises, or corporate enterprises, choosing to suspend operations, close stores for liquidation, or go bankrupt due to poor management is a normal market behavior. But malicious store closures and bankruptcy are another matter. Dissolve employees, reorganize customer service teams, lower consumer expectations, induce acceptance of unfair schemes, and replace the company's legal representative with an insolvent debtor in a short period of time. If consumers do not accept the plan and initiate administrative complaints or civil lawsuits, these "professional store closures" will also come forward to deal with the aftermath. The behavior of "professional store closures" is not a normal intermediary activity, but rather an act of aiding and evading responsibility for malicious store closures. Professional store closures often appear as "third parties" in post closure work, and even claim to those who maliciously close the store, "The company's legal representative and shareholders are not yours, it has nothing to do with you." But how can legal responsibility be exempted by changing the legal representative? The Civil Code stipulates that the debts of individual industrial and commercial households, which are operated by individuals, shall be borne with personal property; For family businesses, they shall be borne with family property; Indifferentiable, to be borne by family property. The Partnership Enterprise Law stipulates that new partners who join the partnership shall bear joint and several liability for the debts of the partnership enterprise before joining. According to the Enterprise Bankruptcy Law, if the debtor's investor has not fully fulfilled their investment obligations after the people's court accepts the bankruptcy application, the administrator shall require the investor to pay the subscribed capital, without being limited by the investment period. Therefore, it is necessary for all parties to cooperate and promptly plug the loopholes. On the one hand, regulatory authorities need to strengthen their supervision of store closures, especially focusing on businesses with poor business performance and a large amount of advance payments, to prevent them from evading debt by replacing their legal representatives. On the other hand, it is important to align with one's job responsibilities

Edit:GuoGuo Responsible editor:FangZhiYou

Source:gmw.cn

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