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Recently, Mr Zhang Li, a senior partner of JAVY law firm, successfully represented a company dissolution dispute case, which not only secured a satisfactory legal result for the client, but also provided an important jurisprudential reference for the company dissolution system after the implementation of the new Company Law, which is of positive significance for promoting the improvement of the company exit system.

The defendant in the case, Jianda Company, was established in June 2014 with a registered capital of 120 million yuan. The executive director and legal representative is Ye Mou, the supervisor is Liu Mou, who holds 5 per cent of the shares, the plaintiff Han Mou, Cao Mou, and the third party Yan Mou, Lu Mou and other six people hold 5 per cent of the shares, and Rongda Xing holds 60 per cent of the shares. The company has not been held since the establishment of the shareholders meeting, did not substantially carry out business activities, the plaintiff entrusted the attorney advocate for the withdrawal of the company or the dissolution of the company.

Zhang Li led a team of assistants, including Liu Zhi and Zhao Can, to sign the appointment procedures with the client on 16 October 2023, and successively sent the Lawyer's Letter to the company and its shareholders, which were all returned. The case was formally filed in the Haidian Court on 6 November, because the third party shareholders could not get in touch with, apply for the court to serve notice. Recently, the Haidian Court issued a judgement that the defendant company was dissolved, which is now effective.

There are various remedial channels for a company's shareholders to withdraw from the system, and the claim for dissolution is one of them. The risk in this case was whether the plaintiff had exhausted other avenues of redress, and there are many examples of similar cases being rejected by the court. In particular, if the actual controller of the company agreed to the dissolution in court, the court would almost always reject the plaintiff's claim and allow the plaintiff to seek a settlement to resolve the case out of court.

As a lawyer, at the beginning of this case is familiar with the connotation of the system, so before the lawsuit that is sent to the lawyer's letter, to the court, although the defendant clearly agreed to the dissolution of the company, but the variables are large, so did not dare to relax the work of the agency, still a lot of argument that the plaintiff has exhausted all channels of redress, exhaustion of all the favourable evidence for the case to win the case has laid a solid foundation.

The client Mr Han participated in the construction of the company, by the actual controller entrusted to be arranged for titular shareholders, and in another company as a legal representative. After the resignation of Mr Han, because of the above identity can not be removed, he applied for a securities company can not go through the entry procedures, and then to a preferred large-scale company was able to enter the job, but the promotion of obstacles again. This case is the first case of its kind after the implementation of the new company law to be supported by the court in favour of dissolution, providing a vivid precedent for the improvement of the company's exit system. In another case, Mr Han, who was the legal representative of the company, was able to settle the case under the auspices of the Haidian Court, and the case was successfully concluded.

Recently, Mr Han asked Mr Wang Rugui, the executive director of Qigong Research Society, to write two pieces of calligraphy in ‘Qi-style’ - ‘Relieving Troubles in the Heart and Breaking the Circumstances’ - to express his gratitude to the Bankruptcy Tribunal of the Haidian Court and to express his appreciation to Jiamian Bankruptcy Court. It is not only to express his gratitude to the Bankruptcy Court of Haidian Court, but also to affirm Mr Jia's professionalism in the fields of bankruptcy and liquidation, corporate deadlock and related derivative litigation.