论文部分内容阅读
随着对外开放的深入,外商投资企业不断增加,企业解散工作也日渐增多。由于国家有关外商投资企业解散的法律法规不够具体,不配套,实施中遇到不少困难,因此,对这类法律法规应及时调整、补充和完善。1.合同终止、企业解散是否需审批机关批准,现有法律法规规定不一致。《中外合资经营企业法》(简称《合资法》)第十三条规定:合营企业如发生严重亏损,一方不履行合同和章程规定的义务,不可抗力等,经合营各
With the deepening of opening up to the outside world, the number of foreign-invested enterprises is on the rise and the dissolution of enterprises is also on the rise. Since the laws and regulations on the dissolution of foreign-invested enterprises in the country are not specific enough and not complete, they encounter many difficulties in their implementation. Therefore, such laws and regulations should be timely adjusted, supplemented and improved. 1. The termination of the contract, whether the dissolution of the enterprise shall be approved by the examination and approval authority, and the existing laws and regulations are inconsistent. Article 13 of the Sino-Foreign Equity Joint Venture Law (the “Joint Venture Law”) stipulates that if a joint venture incurs serious losses, one party fails to perform its obligations under the contract and articles of association, force majeure, etc.,