Why is the corporate identity cancelled and still recruiting people?

The effectiveness of contracts concluded beyond the scope of business shall be treated differently according to different situations:

1. If the ultra vires behavior of an enterprise as a legal person is beyond the business scope, but it does not violate the mandatory provisions of the law and does not harm the interests of the state, the parties and the third party, as long as the contract itself conforms to the basic principles of the civil law and the contract has been performed or can be performed, it shall be deemed as valid.

2. The counterpart of the ultra vires transaction is in good faith, and the ultra vires legal person is intentional or negligent. If the party at fault requests to confirm that the contract is invalid, the contract shall be deemed to be valid. That is to say, an enterprise as a legal person may not oppose the bona fide counterpart with ultra vires invalidity, and the right to claim that the ultra vires contract is invalid can only be exercised by the bona fide counterpart, unless the counterpart knows or should know that the enterprise as a legal person is beyond the business scope when signing the contract.

3. If the ultra vires transaction violates the mandatory provisions of laws and administrative regulations, such as the prohibitive provisions of laws, the provisions formulated by the state and monopolized by special departments, or the subject matter of the contract belongs to commodities with restricted circulation, the contract shall be deemed invalid. Therefore, the plaintiff was unaware of the defendant's business activities beyond the business scope. If the contract is confirmed invalid, it will inevitably damage the plaintiff's legitimate interests and transaction security.

Legal basis:

According to the provisions of Articles 184, 185, 186, 187, 188 and 189 of the Company Law of People's Republic of China (PRC), it is cancelled.

1. A liquidation group shall be established according to law. The company shall set up a liquidation group within 15 days from the date of the dissolution, and start liquidation. The liquidation group of a limited liability company is composed of shareholders, and the liquidation group of a joint stock limited company is composed of directors or personnel determined by the shareholders' meeting. If a liquidation group is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation. The people's court shall accept the application and promptly organize a liquidation group to carry out liquidation.

2. Announce and notify creditors to declare their creditor's rights, and register the creditor's rights according to law. The liquidation group shall notify creditors within 10 days from the date of its establishment and make an announcement in a newspaper within 60 days. Creditors shall, within 30 days from the date of receiving the notice, and within 45 days from the date of announcement if they have not received the notice, declare their claims to the liquidation group. When a creditor declares its creditor's rights, it shall explain the relevant matters of the creditor's rights and provide supporting materials. The liquidation group shall register the creditor's rights. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors.

Three. The liquidation team took over the company and began liquidation. The liquidation group shall take over the company from the date of establishment, liquidate the company's unfinished business, clear up the company's creditor's rights and debts, dispose of the company's remaining property after paying off its debts, pay off the taxes owed and the taxes generated in the liquidation process, and participate in civil litigation activities on behalf of the company.

4. The liquidation group shall comprehensively clean up the company's assets and prepare a balance sheet and a list of assets.