How should an enterprise that has been revoked, cancelled, revoked or declared bankrupt prosecute?

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-05

    You can only consider yourself unlucky, and no one can do anything about it.

  2. Anonymous users2024-02-04

    Legal Analysis: After an enterprise has its business license revoked, it should go through the process of deregistration or apply for lifting the blacklist restrictions. If the company's business license is revoked, the company's main qualification still exists, but the business qualification of Qiaoda has been cancelled.

    Legal basis: Article 180 of the Company Law of the People's Republic of China The company is 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) Shushan needs to be dissolved due to the merger or division of the company;

    4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;

    5) The people's court shall be dissolved in accordance with the provisions of Article 182 of the Chinese Law.

  3. Anonymous users2024-02-03

    1. The revocation of the business license of an enterprise legal person is an administrative punishment imposed by the administrative department for industry and commerce on an enterprise legal person who violates the law in accordance with the national administrative regulations for industry and commerce. Although an enterprise legal person loses its business qualification before its registration is cancelled after its business license is revoked, its legal personality still exists.

    2. After the business license of the enterprise is revoked, if a liquidation group is established to be responsible for clearing the creditor's rights and debts, the liquidation group shall be the subject of the litigation, and the creditor shall take the liquidation group as the defendant if the creditor sues the enterprise whose business license has been revoked.

    3. After the business license of the enterprise is revoked, if there is no liquidation organization responsible for clearing the creditor's rights and debts, the creditor sues the enterprise whose business license can be revoked and the liquidation entity as the former defendant who jointly transfers. If the creditor only sues the enterprise whose business license has been revoked as the defendant, the court shall accept it.

    4. After the business license of the enterprise is revoked, if the creditor only sues the start-up unit or the liquidation entity as the defendant, and requires the defendant to bear the responsibility of insufficient investment, evasion of funds, transfer of assets to evade debts or liquidation, etc., the court shall accept it.

    5. If it is found that the defendant's business license has been revoked after the case is filed in the first instance, the court may, upon the application of the creditor, add the liquidation entity as a co-defendant.

    6. In the second-instance litigation, if the debtor's business license is revoked, if a liquidation group is established to clear up the creditor's rights and debts, the liquidation group may be directly changed to the subject of the litigation; If there is no liquidation group to liquidate the creditor's rights and debts, the litigation continues. If the creditor requires the liquidating entity to bear the liabilities of insufficient investment, withdrawal of funds, transfer of assets to evade debts or liquidation, etc., it shall sue separately.

    7. If the business license of the creditor is revoked, if a liquidation group has been established to liquidate the creditor's rights and debts, the liquidation group shall participate in the litigation as the plaintiff, and the rights and obligations of the creditor in the litigation shall be inherited by the liquidation group. If there is no liquidation organization, the liquidation entity may apply for a lawsuit as a joint plaintiff; If the liquidation entity does not apply for ** entry, it does not affect the continued trial of the case.

    8. If the business license of the enterprise has been revoked by Sun Zao and the liquidation team has not been established, and the liquidation entity has slipped and dismantled the license or cancelled the registration before the business execution of the enterprise has been revoked, the litigation will continue because the legal personality of the enterprise has not yet disappeared. Where a liquidation entity establishes a liquidation group before the enterprise has its business license revoked, the liquidation group may participate in the litigation with the enterprise as a joint litigation entity. Where the liquidation entity fails to establish a liquidation team after the business license of the enterprise is revoked, or where the liquidation entity is deregistered before the enterprise, it will not continue to be pursued.

  4. Anonymous users2024-02-02

    Legal analysis: After the business license of the enterprise is revoked, it should go through the cancellation of registration or apply for the removal of the blacklist restrictions. If the company's business license is revoked, the company's main body, Mingwei Laoge, still exists, but the business qualification has been cancelled.

    Legal basis: Company Law of the People's Republic of China Article 180 The company is dissolved due to 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.

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