How to enforce the case of the revocation of the business license of the enterprise legal person

Legal analysis: 1. The industrial and commercial blacklist is restricted for three years, and the legal representative cannot establish a new company within three years, and cannot serve as the legal representative or person in charge of other enterprises;

2. Taxation will be restricted for life, and taxation not only restricts legal persons and responsible persons, but also includes shareholders, supervisors, financial leaders and other senior management personnel, and other companies under their names cannot file tax returns normally and cannot participate in the bidding of state-owned enterprises;

3. Enterprise legal persons cannot go to social security, cannot take loans and immigrate;

4. Restrict high consumption, cannot take planes and high-speed rail, and their children cannot study abroad; 5. The information of the legal representative and other information will be transmitted to the database of black label enterprises in the national industrial and commercial system to achieve nationwide supervision and simultaneously include bad records in the national financial credit system; 6. Within three years of the revocation of the business license, the name of the enterprise cannot be reused; 7. The bank's personal credit record will be kept for seven years, and it will be fined, and the bad personal credit record will enter the credit system.

Legal basis: Article 99 of the Partnership Enterprise Law of the People's Republic of China Where a partner engages in a business that competes with the partnership or conducts transactions with the partnership in violation of the provisions of this Law or the provisions of the partnership agreement, the proceeds shall belong to the partnership; Where losses are caused to the partnership or other partners, they shall be liable for compensation in accordance with law.

In accordance with the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons

Article 33 Where an enterprise legal person's Business License is revoked, the competent registration authority shall confiscate its official seal and inform its bank of the cancellation of registration, and the competent department or liquidation organization shall be responsible for clearing up its creditor's rights and debts.

Article 31: When handling the illegal activities of enterprise legal persons, the competent registration organs must ascertain the facts, handle them in accordance with law, and notify the parties in writing of the disposition decision.

Article 32: When an enterprise legal person refuses to accept a penalty imposed by the competent registration authority, it may, within 15 days of receiving the penalty notice, apply to the registration authority at the next higher level for reconsideration. The higher-level registration authority shall make a reconsideration decision within 30 days of receiving the application for reconsideration.

If the applicant is not satisfied with the reconsideration decision, he may file a lawsuit with the people's court within 30 days of receiving the notice of reconsideration. Where an appeal is not filed within the time limit and fines and forfeitures are not paid, the competent registration organ may apply to the people's court for compulsory enforcement in accordance with the prescribed procedures.

Legal analysis: The company cannot establish a new company within three years after being revoked, and cannot serve as the legal representative or person in charge of other enterprises. 1. If the company has not opened for more than six months without justifiable reasons after its establishment, or has ceased business for more than six consecutive months after opening, the business license may be revoked by the company registration authority.

For those who do not cancel normally in accordance with the law, the third year of non-annual inspection will be regarded as automatic revocation. 2. Restrictions on legal persons after the company is revoked: (1) The industrial and commercial blacklist is restricted for three years, and the legal representative cannot establish a new company within three years, and cannot serve as the legal representative and person in charge of other enterprises.

2) Taxation will be restricted for life, and taxation will not only restrict legal persons and responsible persons, but also include shareholders, supervisors, financial directors and other senior management personnel, whose other companies cannot file tax returns normally and cannot participate in the bidding of state-owned enterprises. 3. Enterprise legal persons cannot go to social security, cannot take loans and immigrate; 4. Restrict high consumption, cannot take planes and high-speed rail, and their children cannot study abroad;

3. The information of the legal representative and other information will be transmitted to the database of black label enterprises in the national industrial and commercial system to achieve nationwide supervision and simultaneously include bad records in the national financial credit system. 4. Within 3 years of the revocation of the business license, the name of the enterprise cannot be used again. 5. The bank's personal credit record will be maintained for seven years and will be fined; Bad personal credit history will enter the credit reporting system.

Legal basis: Article 211 of the Company Law of the People's Republic of China If a company fails to commence business for more than six months without justifiable reasons after its establishment, or suspends business for more than six consecutive months after commencing business, the business license may be revoked by the company registration authority. When there is a change in the company's registration items, if the relevant change registration is not carried out in accordance with the provisions of this Law, the company registration authority shall order the registration within a time limit; If the registration is not done within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.

Article 67 of the Regulations of the People's Republic of China on the Administration of Company Registration Article 67 If a company fails to commence business for more than 6 months without justifiable reasons after its establishment, or suspends business for more than 6 consecutive months after commencement of business, the business license may be revoked by the company registration authority.

Legal consequences of having your company's business license revoked:

1. The company has lost the right to produce and operate, and can not continue to engage in business related to production and operation;

2. After the company's business license is revoked, the company is dissolved, and the liquidation obligor shall establish a liquidation group within the specified time to start liquidation.

Company Law of the People's Republic of China

Article 180.

The company was dissolved for the following reasons:

1) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution as stipulated in the articles of association;

2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;

3) The company needs to be dissolved due to merger or division;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) The people's courts are in accordance with this Law.

Company Law of the People's Republic of China Gas

Article 182.

shall be dissolved.

Company Law of the People's Republic of China

The 108th leather is first demolished and thirteen are dismantled.

Company Law of the People's Republic of China

Article 180.

The company was dissolved for the following reasons:

1) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution as stipulated in the articles of association;

2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;

3) The company needs to be dissolved due to merger or division;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.

Article 183, paragraph 1.

If a company is dissolved due to the provisions of subparagraphs (1), (2), (4) and (5) of this Law, a liquidation group shall be established within 15 days from the date of occurrence of the cause of dissolution and liquidation shall begin.

1. Falsely declare the registered capital and obtain the company registration when handling the company registration, and the circumstances are serious. 2. Submit false supporting documents or take other fraudulent means to obtain company registration when handling company registration, and the circumstances are serious. 3. If the company has not opened for more than 6 months without a legitimate reason after its establishment, or has ceased business for more than 6 consecutive months after opening, the business license shall be revoked by the company registration authority.

Regulations of the People's Republic of China on the Administration of Company Registration

Article 64 A person who falsely declares the registered capital and obtains company registration shall be ordered to make corrections by the company registration authority and shall be fined not less than 5% but not more than 15% of the amount of the falsely declared registered capital; and where the circumstances are serious, revoke the company's registration or revoke the business license.

Article 65 Anyone who submits false materials or adopts other fraudulent means to conceal important facts and obtains company registration shall be ordered to make corrections by the company registration machine and imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan; and where the circumstances are serious, revoke the company's registration or revoke the business license.

Article 68 If a company fails to commence business for more than six months without justifiable reasons after its establishment, or if it ceases business for more than six consecutive months after it has commenced business, its business license may be revoked by the company registration authority.

The consequences to be borne by a legal person who has had his business license revoked include the cancellation of the company in accordance with the law, and the termination of the company after the company is deregistered; The legal representative of a company whose business license has been revoked cannot establish a new company or serve as a director, supervisor, or senior executive of another enterprise within three years.

[Legal basis].

Article 42 of the Regulations of the People's Republic of China on the Administration of Company Registration.

In any of the following circumstances, the liquidation group of the company shall apply to the original company registration authority for cancellation of registration within 30 days from the date of completion of the company's liquidation:

1) The company was declared bankrupt in accordance with the law;

2) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution stipulated in the articles of association of the company, except for the existence of the company by amending the articles of association;

3) The resolution of the shareholders' meeting or the general meeting of shareholders to dissolve or the resolution of the shareholders of a one-person limited liability company or the board of directors of a foreign-invested company to dissolve;

4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

5) The people's court is to be dissolved in accordance with law;

6) Other circumstances of dissolution as provided for by laws and administrative regulations.

The consequences are as follows: 1. The enterprise legal person cannot establish a new company within three years, and cannot serve as the legal person, supervisor or director of other companies, even if the industrial and commercial restrictions are lifted after three years and the legal person can register a new company, the tax cannot be registered; 2. Other companies under the name of the legal person cannot be changed, cannot be relocated, and invoices cannot be incremented; 3. Legal persons cannot travel by high-speed rail or airplane; 4. Legal persons cannot take out loans to buy houses or cars, nor can they receive pension insurance. Article 3 of the Company Law The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of socks sales legal person.

The company is liable for the company's debts with all its assets. The shareholders of a limited liability company shall be liable to the company within the limit of their subscribed capital contributions; Shareholders of shares are liable to the company to the extent of the shares they subscribed for. [Legal basis].

Article 33 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of the Registration of Enterprise Legal Persons The competent registration authority shall examine the documents, certificates, registration applications, registration documents and other relevant documents submitted by the applicant unit, and issue the following licenses respectively after approval: (1) For enterprises that meet the requirements of enterprise legal persons, issue the Business License of Enterprise Legal Person; 2) For enterprises and business units that do not have the conditions of enterprise legal persons, but have the conditions for operation, the "Business License" shall be issued. The competent registration authority shall separately assign registration numbers, indicate them on the issued licenses, and record them in the registration file.