How to cancel the company if it is no longer in operation?

Since the state put forward the slogan of "double creation", more and more people choose to start a business, among which many entrepreneurs choose to register individual industrial and commercial households, but in many places there will be too many self-employed or companies in the same industry, the market competition is too fierce, and some individual industrial and commercial households can not continue to operate, and do not want to operate anymore. The following Qiying brings you an introduction to the consequences of not canceling the business license of individual industrial and commercial households, and you are welcome to read it.

1. The consequences of not canceling the business license of individual industrial and commercial households.

1. Enter the industrial and commercial blacklist.

If the business license is not reviewed for one year, the industrial and commercial bureau will automatically revoke the license and make the legal person and shareholders an abnormal blacklist. It cannot be used as a corporate legal person for three years.

2. Tax inspection and tax payment.

If the company has a turnover, but there is no tax payment certificate at the tax department, and there is an outstanding tax payable, a late payment penalty will be incurred, and the current standard is 5/10,000 per day. This does not exist if the individual pays a fixed rate tax every month.

3. The special account of the company opened by the bank shall be reviewed every year and the management fee shall be paid, if it is not cancelled, the bank may include the legal person in the credit blacklist, which will have an impact on the credit rating of the legal person, and have a certain impact on the purchase of a car, a house or immigration abroad after the payment.

If it is an individual license, does not open a special account in the bank, does not apply for general taxpayers or small taxpayers in the tax, and only purchases fixed invoices in the tax every month, the above situation, and the company's accounts do not involve creditor's rights and debts, the company will not be cancelled, and the worst result is that it cannot serve as a legal person within three years. There are basically no legal risks involved. It is also very simple to deregister such a company.

2. The business license of individual industrial and commercial households shall be suspended and resumed.

Suspension of business Resumption of tax registration means that if an individual industrial and commercial household (hereinafter referred to as a taxpayer) that implements the regular quota collection method needs to suspend business, it shall report to the tax authorities for business suspension registration before the closure of business, and the period of suspension shall not exceed one year; Taxpayers who have gone through the registration of suspension of business shall apply to the original tax registration authority for resumption of business registration before resuming production and operation.

1. When applying for the registration of business suspension, the taxpayer shall truthfully fill in the "Application and Registration Form for Business Suspension", explain the reason for business suspension, the period of business suspension, the tax payment situation before the business suspension, and the receipt, use and storage of invoices, and settle the tax payable, late fees and fines. The tax authorities shall collect and store their tax registration certificates and copies, invoice purchase books, unused invoices and other tax documents.

2. If a taxpayer incurs tax liability during the period of suspension of business, it shall declare and pay tax in accordance with the provisions of tax laws and administrative regulations.

3. If the taxpayer is unable to resume production and operation in time after the expiration of the suspension period, it shall submit an application for extension of the suspension of business registration to the tax authorities before the expiration of the suspension period, and truthfully fill in the Report on Suspension and Resumption of Business.

4. When applying for the resumption of business registration, the taxpayer shall truthfully fill in the "Report on Suspension and Resumption of Business", and collect and use the tax registration certificate, invoice purchase book and the invoices purchased before the suspension of business.

Under what circumstances does the company no longer want to operate. What are the steps of the deregistration process?

Legal analysis: A company that is not in operation can be deregistered by applying the voluntary dissolution clause stipulated in the Company Law.

Legal basis: Company Law of the People's Republic of China

Article 71 The shareholders of a limited liability company may transfer all or part of their equity to each other.

The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing of the transfer of their base shares to seek consent, and if the other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer.

For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer.

Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.

Article 72 When a people's court transfers a shareholder's equity in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that the other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of first refusal within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of first refusal.

The epidemic has made many companies review their business structure, and some will selectively cancel or register some companies.

1. Publication in the newspaper. During the liquidation period of the company, it can be published in the newspaper, which needs to be published in the newspaper approved by the local industrial and commercial bureau, domestic enterprises only need to publish once, foreign-funded enterprises need to publish 3 times, and the cancellation announcement needs to be publicized for at least 45 days.

2. Cancellation of social security.

The Social Security Administration will check whether the company has any non-payment. After passing, you will receive the "Social Security Cancellation Notice".

3. Cancellation of taxes.

Within 15 days from the date of termination of the company, the company needs to apply to the original tax registration authority for tax cancellation, and the tax bureau will verify whether the company has paid the tax. After passing, you will receive the "Tax Cancellation Notice".

Fourth, go to the industrial and commercial bureau to handle the company's cancellation of the record.

After 45 days of publication, you can go to the industrial and commercial bureau where the company is registered to handle the company's cancellation of the record and cancel the company's business license. After passing, you will receive the "Notice of Approval of Cancellation of Registration" issued by the Industrial and Commercial Bureau.

Note: It is best not to fill in the date of many reports first, and wait for the "last minute" when the official process is completed, so as to avoid the wrong date and lead to all refilling. In addition, for unincorporated enterprises such as partnerships, the seal needs to be handed over to the industrial and commercial department at the same time when the business license of the auction chain is cancelled.

5. Cancellation of bank accounts.

Go to the company's opening bank to cancel the company's account opening license and other accounts such as basic bank accounts.

What are the consequences of not deregistering the bank?

Answer: It will lead to a long-term hanging account, and then you can no longer open a public account and cannot take out bank loans.

6. Cancellation of seals.

Finally, the legal effect of the company seal should be cancelled by the public security organ where the company seal is registered.

Note: For unincorporated enterprises, such as partnerships, the seal needs to be handed over to the industrial and commercial department at the same time when the business license is cancelled, and the cancellation of the seal of the company enterprise is the legal effect of canceling the company's seal, and the seal can be kept or destroyed by itself.

A company that is not in operation may be deregistered by applying the voluntary dissolution clause stipulated in the Company Law.

Company Law of the People's Republic of China

Article 179 Where a company is merged or divided, and there is a change in the registration items, it shall go through the change registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the deregistration of the company in accordance with the law; If a new company is established, the company shall be registered in accordance with the law. If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.

Article 18 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) 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 Law Reserve Court is to be dissolved in accordance with the provisions of Article 182 of this Law.

No. If the company or enterprise does not do it, it is recommended to deregister it as soon as possible. If the company is seriously illegally operated, or does not operate for more than six months, or is listed as a "serious illegal and untrustworthy enterprise" because of no annual report for three consecutive years, it will enter the industrial and commercial blacklist, and as the legal representative, it will not be able to open a company for three years.

According to Article 188 of the "Company Law", after the liquidation of the company is completed, the liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court of the person who is looking at the company 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.

The following information is required for cancellation:

Before applying for deregistration, the company shall carry out the liquidation of the company, and after the liquidation of the company is completed, it can enter the application procedure for the cancellation of the company, and the company shall issue and prepare the following reports after liquidation and before the deregistration:

1. Application for cancellation of registration of the company signed by the person in charge of the liquidation group of the company or the legal representative of the company;

2. Application for Filing Confirmation for members of the liquidation group;

3. The bankruptcy ruling of the court, the document ordered by the administrative authority to close down or the resolution made by the company in accordance with the Company Law;

The limited liability company submits the resolution of the shareholders' meeting, and the shares **** submit the resolution of the shareholders' meeting. A limited liability company shall be signed by a shareholder representing more than two-thirds of the voting rights, and if the shareholder is a natural person, it shall be signed by himself/herself, and the shareholder other than a natural person shall affix the official seal; The shares **** shall be stamped with the official seal by the promoter representing more than two-thirds of the voting rights or signed and confirmed by the presiding officer of the general meeting of shareholders and the directors attending the meeting.

A wholly state-owned limited liability company submits documents to the investor or the investor's authorized department.

If the company registration is revoked by the company registration authority in accordance with the law due to violation of the relevant provisions of the Regulations on the Administration of Company Registration, the decision of the company registration authority to cancel the company's establishment registration shall be submitted.

4. Liquidation report confirmed by the shareholders' meeting or relevant authorities; ’

5. Newspaper samples of newspapers that publish cancellation announcements;

6. Other documents that shall be submitted according to laws and administrative regulations;

Wholly state-owned companies should also submit the decision of the State-owned assets supervision and administration agency, among them, the most important wholly state-owned companies identified by the people, should also be submitted to the approval documents of the people at the same level.

The process of deregistering the company is complicated and the procedures are cumbersome, and it depends on the individual whether it is troublesome or not. The complete process of company cancellation is as follows: 1. Publication During the liquidation period of the company, it can be published and publicized, and it needs to be published in a newspaper approved by the local industrial and commercial bureau, and domestic enterprises only need to publish once, and foreign-funded enterprises need to report three times.

It is best to choose ** for publicity, and the cancellation announcement needs to be publicized for at least 45 days. 2. Cancellation of social security The Social Security Bureau will verify whether the company has any arrears. After passing, you will receive the "Social Security Cancellation Notice".

3. Cancellation of national and local taxes Within 15 days from the date of termination of the company, the company shall apply to the original tax registration authority for tax cancellation, first cancel the national tax, and then cancel the local tax. The Inland Revenue Department will check whether the company has paid the tax. After passing, you will receive the "Tax Cancellation Notice".

4. Go to the industrial and commercial bureau for the company to cancel the record After 45 days of publication, you can go to the industrial and commercial bureau where the company is registered to handle the company's cancellation of the record and cancel the company's business license. After passing, you will receive the "Notice of Approval of Cancellation of Registration" issued by the Industrial and Commercial Bureau. Note:

It is best not to fill in the date of many reports and wait for the "last minute" when the official process is completed, so as to avoid the wrong date and lead to all refills. In addition, for unincorporated enterprises, such as partnerships, the seal needs to be handed over to the industrial and commercial department at the same time when the business license is cancelled. 5. Cancellation of bank account Go to the company's opening bank to cancel the company's account opening license and other accounts such as basic bank accounts.

6. Cancellation of the seal Finally, the legal effect of canceling the company's seal should be cancelled by the public security organ where the company's seal is registered. Article 188 of the Company Law After the liquidation of the company is completed, the liquidation team 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.

What should I do if the company can't survive?

Methods for deregistering a company that has not operated: First, a liquidation group is established to liquidate claims and debts. Then, the liquidation plan is executed. Within 30 days from the date of completion of the liquidation of the company, the liquidation group shall apply to the original company registration authority for cancellation of registration.

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 is 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 of Luchen is to be dissolved in accordance with law; (6) Other circumstances of dissolution as provided for by laws and administrative regulations.