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1) Process. First of all, let's understand how to cancel the company's business, under normal circumstances, if the company does not have a business, you need to handle the corresponding cancellation process, the specific handling process is similar, basically it is a clear cancellation behavior, the next is to prepare the corresponding materials, what kind of materials can be queried online, after the materials are prepared enough, it is necessary to bring these materials to the industrial and commercial bureau for processing, and at the same time, you also need to go to the financial bureau to solve tax-related problems, after these are completed, The business license is the real cancellation, but if you want to cancel the others, you still need to cancel the official seal and bank account, etc., so you must pay more attention and pay attention, and after understanding the specific cancellation process, you can better handle the business.
2) Be careful.
Through the explanation of the previous paragraph, what do you need to pay attention to in the process of cancellation? First of all, you need to have enough patience, because the overall process of cancellation is very long, and it takes a lot of time, so you must have enough patience and careful, and secondly, you must be clear about the corresponding process in the process of cancellation, so as to improve work efficiency, and after the process is clear, you also need to be clear about the specific materials prepared, and it is best to list a list of materials and sort out according to the requirements of the list.
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Hello, it is best to cancel the company without business, and it is easy to enter the industrial and commercial tax blacklist due to the lack of annual review or tax declaration! If you cancel it, of course, you can go to the industrial and commercial tax by yourself, but if you are not familiar with the details and processes, it will be time-consuming and labor-intensive! You can find a special ** company to help you cancel, the general cancellation process is reported for 45 days - tax cancellation - industrial and commercial cancellation - bank cancellation, but you must ensure that the original copy of the industrial and commercial license, the official seal and other large are in Oh, otherwise it will be troublesome to cancel it, and you can consult for details!
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The process of deregistration of the company is mainly divided into seven steps: industrial and commercial cancellation filing, cancellation of publication announcement, national tax cancellation, local tax cancellation, industrial and commercial cancellation, ** cancellation, bank cancellation, therefore, only after the legal liquidation and deregistration procedures, the company can be extinguished in a legal sense, and the company and the liquidation entity with liquidation responsibility can be exempted from relevant legal liabilities. The legal liability of the liquidation entity refers to the legal liability of the liquidation entity of the company in violation of the legal provisions on the liquidation of the company due to bankruptcy, merger or division, or the losses of the company or creditors caused by its fault.
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Conditions for the cancellation of the company: 1. The company is declared bankrupt according to law; 2. The expiration of the business period or other reasons for dissolution stipulated in the articles of association of the company; 3. The company is dissolved due to merger and division; 4. The company is ordered to close down in accordance with the law, and can apply for cancellation Note: Revocation of the business license is the cancellation of the company, if you do not plan to open a company in the future, in fact, there is no need to go through the cancellation procedures, because the industrial and commercial business license will be automatically cancelled if the annual inspection is not carried out during the annual inspection.
In addition, if the company no longer files tax returns, the tax office will also suspend the company's tax registration certificate. However, the premise of this is that you will no longer be eligible to become a corporate legal person for three years, and you will not be able to return to normal after three years.
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Legal analysisThe company can be deregistered using the voluntary dissolution clause provided for in the Companies Act. There are 3 steps. For example:
1. Convene a general meeting of shareholders first to vote and pass the resolution to cancel the company; 2. Cancel the tax, cancel the **, cancel the bank account, revoke the business license to the industrial and commercial bureau, and the company cannot be restored within 3 years of the revocation of the business license; 3. Before deregistration, the company usually needs to be liquidated.
Legal basisCompany Law of the People's Republic of China
Article 185 The liquidation group shall notify the creditors within 10 days from the date of its 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. When a creditor declares a creditor's right, it shall explain the relevant matters of the creditor's right 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.
Article 188 After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the registration of the public lease and announce the termination of the company.
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If the company does not have a business in business, it can be cancelled in the following ways:
1. According to the method of knowing the first loss, the relevant materials shall be recognized by the parties and apply for the dissolution of the company;
2. Set up a liquidation group, make a liquidation plan, and liquidate the creditor's rights and debts;
3. After the liquidation of the company, the liquidation team shall prepare a liquidation report;
4. Apply for cancellation of company registration and announce the termination of the company.
Company Law of the People's Republic of China
Article 188.
After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration and announce the termination of the company.
Company Law of the People's Republic of China
Article 211.
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 handled in accordance with the provisions of this Law, the company shall be ordered to register within a time limit by the registration authority;
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.
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1. First go to the national tax to get **, fill in according to the requirements of the national tax, sign, seal, pay the invoice, and pay the tax, it will take back the national tax registration certificate and give you a notice of cancellation of tax registration by the national tax.
2. Take the notice of cancellation of tax registration of the national tax, go to the local tax to get **, and after paying the tax, it will take back the tax registration certificate of the local tax and give you a notice of cancellation of tax registration of the local tax.
3. Take two notices and cancel your bank account.
4. Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industry and Commerce, and it will withdraw the business license.
Company Law of the People's Republic of China
Article 184: The liquidation team exercises the following functions and powers during the liquidation period:
1) Liquidate the company's property, prepare the balance sheet and property list respectively;
2) Notify and announce the creditor's rights Zheng Liren;
3) To deal with the unsettled business of the company in connection with the liquidation;
Fourth, shouting and searching) to pay the taxes owed and the taxes generated in the liquidation process;
5) Liquidation of creditor's rights and debts;
6) Dispose of the remaining property of the company after paying off its debts;
7) Participate in civil litigation activities on behalf of the company.
Does the company have to take back the cancellation of the business license?
The company cancelled the business license and took it back.
After the company is deregistered, the industrial and commercial department shall take back the original and copy of the business license. When a company is deregistered, it must be liquidated for its assets. The act of self-termination without liquidation has no legal effect and is not protected by law.
The cancellation of the business license cannot be restored, but the business license can be re-registered, and if the original registered name is not used at the time of registration of the business license, it can continue to be used.
Does the company have to pay taxes if it is not deregistered?
The company has no business cancellation to pay tax. According to the provisions of China's enterprise income tax law, if an enterprise terminates its business activities in the middle of the year, it shall go through the final settlement of the current enterprise income tax with the tax authorities within 60 days from the date of termination of the actual operation. According to Article 55 of the Enterprise Income Tax Law of the People's Republic of China, if an enterprise terminates its business activities in the middle of the year, it shall go through the final settlement and payment of the current enterprise income tax with the tax authorities within 60 days from the date of termination of the actual operation.
Before going through the deregistration, the enterprise shall declare its liquidation income to the tax authorities and pay enterprise income tax in accordance with the old law.
Legal basis
The main process is the following six steps.
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