How to remove the blacklist after the business license is revoked

The revocation of the business license only causes the company to lose its business qualification, but does not affect the company's legal personality. According to the Administrative Licensing Law, an administrative organ may change or withdraw an administrative license that has taken effect in accordance with the law. The company registration authority has the right to exercise its discretion in accordance with the law, and even if the company registration authority makes a penalty decision to revoke the company's business license, it may not be able to make a decision to change or revoke the administrative penalty through legal procedures.

The extinction of the qualification of an enterprise as a legal person must go through administrative power before it can be extinguished, but the ultimate method of elimination is:"Log out"It's not"Revocation"。When this procedure is liquidated in accordance with the law, the registration is deregistered, and the public announcement is made, the legal personality of the enterprise is extinguished. If the industrial and commercial department is revoked in accordance with the law and legal procedures, then it cannot be restored; If it is considered that the specific administrative act of the industrial and commercial bureau to revoke the business license is illegal or wrong, it can apply for reconsideration or administrative litigation, and if the specific administrative act is revoked, the business license can be restored.

If you are dissatisfied with the revocation of your business license, you may request a hearing in writing within 3 days of the penalty decision, or you may file an administrative reconsideration with the industrial and commercial department at the next higher level, or you may file an administrative lawsuit within 3 months of receiving the decision. Legal basis: Article 8 of the Administrative Licensing Law of the People's Republic of China provides that administrative licenses obtained by citizens, legal persons or other organizations in accordance with the law are protected by law, and administrative organs shall not change the administrative licenses that have taken effect without authorization.

Where the laws, regulations, and rules on which the administrative license is based are amended or repealed, or where there is a major change in the objective circumstances on which the administrative license is based, the administrative organ may change or withdraw the administrative license that has taken effect in accordance with law for the needs of the public interest. Where property losses are caused to citizens, legal persons, or other organizations, the administrative organs shall compensate them in accordance with law.

The revocation of the business license is a punishment, that is, although the subject qualification exists, it has already withdrawn from the market, which cannot be restored, and there are also some provinces and cities that have paid the fine and then recovered, you can go to the local industrial and commercial bureau to consult the following. They may first file an administrative reconsideration and file a lawsuit if they are not satisfied with the results of the reconsideration, or they may directly file a lawsuit to request that the administrative act be revoked and the original state restored.

The revocation of the business license of an enterprise legal person is an administrative penalty imposed by the Administration for Industry and Commerce on an enterprise legal person who violates the law in accordance with the State Administration for Industry and Commerce administrative regulations. After the business license of an enterprise legal person is revoked, it shall be liquidated in accordance with law, and after the liquidation procedures are completed and the industrial and commercial deregistration is completed, the enterprise legal person shall be extinguished.

The revocation of business licenses by the administrative organs for industry and commerce and the application for deregistration of enterprises are the two ways in which market entities withdraw from the market, and although both lead to the extinction of the legal personality of enterprises, the legal consequences are very different. Deregistration is premised on the application of the enterprise, which is the initiative of the enterprise and the only way for the enterprise to legally withdraw from the market, which is not only the legitimate right of the investor and shareholder, but also the legal obligation that must be fulfilled. The revocation of the business license is the most severe administrative punishment imposed by the administrative authority for industry and commerce in accordance with the provisions of relevant laws and regulations on enterprises with serious violations of laws and regulations, and the revocation of the business license means that the legal personality of the enterprise is forcibly deprived, and its civil subject qualification and business qualification will disappear, and the enterprise shall not continue to engage in market business activities.

Article 31 of the Administrative Measures for the Registration of Enterprise Names issued by the State Administration for Industry and Commerce stipulates that the name of an enterprise whose business license has been revoked shall not be used within three years, and Article 57 of the Company Law stipulates that a person who serves as the legal representative of a company or enterprise whose business license has been revoked due to violations of the law and bears personal responsibility for the illegal acts of the enterprise shall not serve as a director, supervisor or manager of the company if it has not exceeded three years from the date on which the company's business license has been revoked. The Provisions of the State Administration for Industry and Commerce on the Administration of the Registration of Legal Representatives of Enterprise Legal Persons also clearly stipulate that a person who serves as the legal representative of an enterprise whose business license has been revoked due to violations of the law and bears personal responsibility for the illegal acts of the enterprise shall not serve as the legal representative of another enterprise within three years from the date on which the business license of the enterprise has been revoked.

Secondly, the investors or shareholders of the revoked enterprise shall perform the obligation of organizing liquidation in accordance with the law, and if they refuse to liquidate, they shall bear the legal consequences arising therefrom. In addition, an enterprise whose business license has been revoked shall return the official seal of the business license and the special seal for the contract to the original registration authority, and if it refuses to return it, it is a violation of the registration management regulations, and may request the local public security organ to assist in the collection. Those who use the business license receivable to engage in business activities shall be punished as unlicensed business operations.

where a crime is constituted, criminal responsibility is pursued in accordance with law.

According to the new regulations that came into effect on October 1, enterprises that enter the blacklist will be automatically eliminated after five years.

You can pay a fine and change the revocation to normal cancellation, which needs to be consulted with the local industrial and commercial bureau.

You can wait until the statute of limitations for the blacklist has expired, or you can go to the industrial and commercial office where the license has been revoked to apply for the cancellation of the license registration, and at the same time apply for deletion of the blacklist. The blacklist of the industrial and commercial bureau is generated by the network system of the industrial and commercial bureau, which is set up according to the violation of the enterprise and in accordance with the relevant provisions of laws and regulations, and its warning and restriction are time-limited. As the deadline expires, the alert and restriction will disappear automatically.

Of course, some blacklists (warnings, restrictions) can be applied for cancellation, such as: after the individual business license is revoked due to violations of laws and regulations, when the party goes to the industrial and commercial department to handle business, its name and ID number will appear in the network system of the industrial and commercial bureau (warning, restricted) words. The parties concerned may go to the industrial and commercial office where the license has been revoked to apply for the cancellation of the registration of the revoked license, and at the same time apply for deletion of the blacklist.

The business license of extended information is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in certain production and business activities. Its format is uniformly prescribed. Its registration items are:

Name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. The business license is divided into original and copy, both of which have the same legal effect. The original shall be placed in a conspicuous position in the company's domicile or place of business, and the business license shall not be forged, altered, leased, lent or transferred.

Industrial and commercial enterprises or self-employed persons without a business license are not allowed to open business, and they are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements, and banks are not allowed to open accounts. The administration for industry and commerce stipulates that if an enterprise fails to publish its annual report within the prescribed time limit, the industrial and commercial authorities will include it in the list of abnormal business operations and impose a fine. Enterprises that have not reported their annual reports for more than three years will be included in the "blacklist" of enterprises with serious violations.

After being included in the abnormal list, the enterprise will not be able to change, cancel or transfer shares, and the public can view the abnormal situation of the company at any time when cooperating with foreign countries. At the same time, administrative restrictions are imposed on legal persons and executives.

Legal analysis: legal entities are blacklisted and will not be automatically eliminated. To remove the blacklist of enterprise legal persons, you need to apply to the local competent industrial and commercial bureau.

Legal basis

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

Article 20 Where an enterprise legal person suspends business, is revoked, declares bankrupt or terminates its business for other reasons, it shall go through cancellation of registration with the competent registration authority.

Article 21 In handling the cancellation of registration, the enterprise legal person shall submit the application for cancellation of registration signed by the legal representative, the approval documents of the competent department or the examination and approval authority, the certificate of the completion of the liquidation of debts, or the documents that the liquidation organization of the respondent is responsible for the liquidation of creditor's rights and debts. After approval by the competent registration authority, the copy of the Business License of Enterprise Legal Person and the Business License of Enterprise Legal Person shall be confiscated, the official seal shall be confiscated, and the bank shall be informed of the cancellation of registration.

Article 22 After an enterprise legal person has received the "Business License for Enterprise Legal Person", if it has not carried out business activities for 6 months or has ceased business activities for 1 year, it shall be deemed to have ceased business, and the competent registration authority shall collect the copies of the "Business License for Enterprise Legal Person" and the "Business License for Enterprise Legal Person", collect the official seal, and inform the bank where it has opened its account of the cancellation of registration.

Legal analysis: You can wait until the statute of limitations of the blacklist has expired, or you can go to the industrial and commercial office where the license has been revoked to apply for cancellation of registration, and at the same time apply for deletion of the blacklist.

Legal basis: Article 7 of the Company Law of the People's Republic of China A company established in accordance with the law shall be issued a business license by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company.

The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

1.Establishment of a liquidation group: After the company's slippery surplus is revoked, a liquidation group shall be established within 15 days to start liquidation;

2.Announcement of cancellation: The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days. The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if the notice is not received, declare its creditor's rights to the liquidation group;

3.Tax deregistration: The company should go through the tax deregistration procedure within 15 days after it is revoked

1) Cancellation of tax control equipment; (2) The window manually declares and cancels the quarterly VAT of the current month; (3) cancellation of social security; (4) Application for cancellation. Those who meet one of the following circumstances can be exempted from going to the tax authorities to apply for a tax clearance certificate and directly apply to the market supervision department for simplified cancellation of registration: (1) they have not handled tax-related matters; (2) Those who have handled tax-related matters but have not received invoices, no tax arrears (late fees) and fines;

4.Cancellation of bank account: bring the letter with the tax cancellation receipt, the administrative penalty decision of revocation of the business license, the company seal, the copy of the ID card of the legal representative, the original and copy of the ID card of the person in charge, the power of attorney, the bank account opening permit, and the Yinpai Identification Card to the bank where the company's account is located to cancel the bank account;

5.Cancellation of the company's official seal: carry and revoke the administrative penalty decision of the business license, the company's seal filed with the public security department, a copy of the ID card of the legal representative, the original and copy of the ID card of the person in charge, and the power of attorney to cancel the official seal of the public security organ where the seal is registered;

6.Industrial and commercial deregistration: After the expiration of the publication announcement, the industrial and commercial deregistration procedure can be handled.

Bring the newspaper with the announcement, the liquidation report, the tax cancellation receipt, the resolution of the shareholders' meeting or the board of directors, the administrative penalty decision of revocation of the business license, fill in the cancellation application form, and issue a notice of approval for cancellation after the approval of the industrial and commercial department to complete the industrial and commercial cancellation.

1. If the company's business license is revoked, the company's main qualification still exists, but the business qualification has been cancelled. At the same time, some provincial industrial and commercial bureaus will also blacklist the revoked enterprise legal persons. Therefore, after the company was revoked, the first is to apply to the industrial and commercial department for the establishment of a liquidation group and go through the cancellation of registration.

The second is to apply to the industrial and commercial department for lifting the blacklist restrictions and explain the reasons for the revocation.

2. In any of the following circumstances, the competent registration authority may give a warning, a fine, confiscation of illegal gains, suspension of business for rectification, withholding, and revocation of the Business License of the Enterprise Legal Person according to the circumstances

1) Concealing the true situation, falsifying or opening a business without approval of registration;

2) Changing the main registration items without authorization or engaging in business activities beyond the approved business scope;

3) Those who do not go through the cancellation of registration in accordance with the regulations;

4) Forging, altering, leasing, lending, transferring or selling copies of the "Business License for Enterprise Legal Person" or "Business License for Enterprise Legal Person";

5) Evading or transferring funds, concealing assets to evade debts;

6) Engaging in illegal business activities. When an enterprise legal person is punished in accordance with the above provisions, the administrative and economic responsibility of the legal representative shall be pursued according to the circumstances of the illegal act; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.

Article 180 of the Company Law of the People's Republic of China A company is dissolved for the following reasons:

1) The expiration of the business period specified in the articles of association 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 182 of the Company Law of the People's Republic of China provides that if a company has serious difficulties in its operation and management, and its continued existence will cause major losses to the interests of shareholders and cannot be resolved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.