Dissolution of Commercial Companies
Subject Areas : commercial lawArman Yaghobi Moghadam 1 , Mohammad Reza Pasban 2
1 - Master's student in private law, Department of Law, School of Law and Political Science, Allameh Tabatabai University, Tehran,
2 - Associate Professor of Private Law, Department of Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.
Keywords: Company liquidation, voluntary liquidation, forced liquidation, extraordinary general assembly.,
Abstract :
Dissolution of commercial companies is divided into three types: voluntary, forced and liquidation resulting from a court ruling. The relationship between liquidation and bankruptcy is public and private in general: every bankruptcy leads to liquidation, but not every liquidation necessarily leads to bankruptcy. Although the above-mentioned distinction is not specifically mentioned in the amendment bill of the trade law, but the above-mentioned distinction is carefully specified in articles such as 189, 199, 200, 201, 203. The above separation is the source of many works that make the necessity of separation inevitable. However, in the opinions of our judicial authorities, the difference between the conditions for the realization of these two things has been ignored, and the incorrect inference from the provisions of the law makes the ground for issuing an illegal vote. In this article, after mentioning the introduction and definitions, we will deal with the conditions and differences between the two, and then we will examine the effects of separation between them.
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