Which process is faster, company bankruptcy or company deregistration?

Hello, it's a pleasure to have your questions.

If the company goes bankrupt, it has to go through the company cancellation process, and if it goes bankrupt, it has to deregister the company. There is no such thing as a fast process. Again, bankruptcy also has to go through the industrial and commercial cancellation process, and if the business license is revoked, it must also go through the industrial and commercial cancellation process, otherwise there will be credit stains and the consequences will be very serious.

The company goes bankrupt, and if it is not cancelled or transferred out within the validity period, it will face a blacklist of dishonesty, and after being pulled into the blacklist, the company will not be able to register in the future, and travel will be restricted, such as buying a house, loans, pension insurance, etc., and if you want to cancel it in the future, there are also back taxes, fines and late fees, etc.

Whether the industrial and commercial deregistration can be smooth, or whether it can be deregistered quickly, depends on whether the tax is abnormal and whether it needs to pay taxes. If it involves tax payment, account payment, abnormal operation, etc., the cancellation process will be longer.

If we've solved your doubts, please give us a thumbs up as a token of encouragement.

The company needs to go into bankruptcy liquidation, and after the bankruptcy liquidation is over, you can go to deregistration. The cancellation of our company is done in Alipay, and you can search for it in Alipay or WeChat applet. Lifelong satisfaction

Legal analysis: Enterprise bankruptcy refers to the insolvency of an enterprise due to poor operation and management in the process of production and operation, when the liabilities reach or exceed all the assets it possesses, and cannot pay off the due debts.

Company deregistration refers to the process in which a company declares bankruptcy, is acquired by another company, does not renew the prescribed business period, or dissolves within the company, etc., and the company needs to apply for cancellation to the registration authority to terminate the company's legal personality.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China

Article 2 Where an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all debts or it obviously lacks the ability to pay off its debts, it shall liquidate its debts in accordance with the provisions of this Law. Where an enterprise legal person has the circumstances provided for in the preceding paragraph, or there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.

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 establishment registration shall be completed 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.

Legal analysis: The difference between company revocation and bankruptcy is that bankruptcy is a legal procedure that must be taken in the case of insolvency, while dissolution can be dissolved as long as it complies with the relevant provisions of the Company Law and the failure to meet the requirements of bankruptcy; The revocation of company registration is an administrative disposition act by the competent authority to revoke all of the company's registration or part of the matters to be remembered by the competent authority according to the notice of the court, the application of the relevant interested parties, or its own authority.

Legal basis: Article 186 of the Company Law of the People's Republic of China After liquidating the company's property and compiling the list of assets and liabilities and the list of assets, the liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation.

The company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders.

During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation. The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.

1. The nature is different.

Deregistration is generally a registration procedure for the business entity to terminate its business and perform with the registration authority. Bankruptcy must be an administrative penalty imposed by the registration authority on a registered entity that seriously violates the law, or bankruptcy. The former is an active behavior of the enterprise, while the latter is passive.

2. The legal basis is different.

The deregistration is based on the Company Law of the People's Republic of China, and according to Articles 184, 185, 186, 187, 188 and 189 of the Company Law of the People's Republic of China, the deregistration of the company shall be carried out only after the liquidation shall be organized in accordance with the following steps before the deregistration can be completed and the legal personality of the company can be terminated.

The bankruptcy of the company is based on the "Enterprise Bankruptcy Law of the People's Republic of China", which refers to the company declared bankrupt in accordance with the law, and the court shall organize shareholders, judgment blocking authorities and relevant professionals to set up a liquidation group in accordance with relevant laws to carry out bankruptcy liquidation of the company.

3. The form of expression is different.

The deregistration of an enterprise legal person is a registration act in which an enterprise takes the initiative to apply to the competent authority of the registration machine for the termination of market economic activities and civil relations through written materials and submission of relevant documents and certificates, and is a proper term in the registration management of enterprises.

Bankruptcy is passive, it means that the enterprise cannot continue to operate, and it is insolvent, that is, it loses so much that it loses the borrowed money, and it has to be terminated according to the bankruptcy law.

According to the relevant regulations, if the company does not want to operate, it should be cancelled as soon as possible, and the idea of leaving the company to fend for itself must not be had, otherwise the consequences will be serious and may affect personal life. In other words, a company that does not want to operate must be deregistered. 1. What are the procedures for the company's cancellation 1. Newspaper.

During the liquidation period of the company, it can be published in the newspaper, which needs to be published in a newspaper approved by the local industrial and commercial bureau, and domestic enterprises only need to publish the newspaper once, and foreign-funded enterprises need to publish the newspaper three times. It is best to choose ** for publicity, and the cancellation announcement needs to be publicized for at least 45 days. 2. Cancel 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 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 the national tax and then 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 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.

2. How long does the company cancellation process take: The company cancellation process generally takes about a month in total: 1. First go to get a cancellation application**, and at the same time contact the company's tax administrator to see what materials need to be reviewed. 2. After the tax commissioner reviews and passes the materials you provide, it is generally the accounts, bank statements, purchase invoices, tax records, and declaration records.

Immediately go to the hall to submit the application form, and the staff will give you a ** and let you contact within 20 working days, which is the ** of the national tax clearing and settlement department. 3. Generally, about 20 working days, call ** to contact the settlement department of the IRS, and after completion, you will go over to get four **, many accounting subjects above, to be filled in by accounting. Fill it out, seal it, go to the hall to handle it, and issue two cancellation letters to Lapei.

At this point, the cancellation is completed. 3. The consequences of the company's non-cancellation: 1. Abnormal taxation will be permanently included in the monitoring blacklist, and if you want to re-register the company, the tax authorities will recover the tax; 2. The bank's personal credit record will last for seven years and will be fined; 3. Personal credit records will be recorded in the credit system, and if you take out a loan in a bank in the future, it will be affected to take turns or go abroad; 4. If the company does not operate for more than six months without justifiable reasons after its establishment, or if it ceases business for more than six consecutive months after operation, the company registration authority may revoke the business license.

Article 188 of the Company Law stipulates that after the liquidation of a company is completed, the liquidation team shall prepare a liquidation report, report it to the shareholders' meeting, and the shareholders shall return it to the general meeting 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.

The differences between a company's bankruptcy filing and company deregistration are as follows: 1. The form of manifestation is different. The cancellation of an enterprise legal person is a registration act in which an enterprise applies to the competent authority of the registration machine for the termination of market economic activities and civil relations through written materials and submission of relevant documents and certificates, and is a proper term in the registration management of enterprises.

The revocation of a business license is an administrative penalty imposed by the administrative organ for industry and commerce on the illegal acts of an enterprise in accordance with its administrative powers, and should be regarded as a specific administrative act of the administrative organ. If they are not satisfied with the revocation, they may file an administrative reconsideration or administrative lawsuit. 2. The behavioral outcomes are different.

The deregistration of an enterprise legal person indicates that the enterprise has completed its creditor's rights, liquidated debts, or initiated civil lawsuits caused by civil relations, and that the legal person status of the enterprise no longer exists, and that it has disappeared in a real sense. An enterprise whose business license has been revoked indicates that the enterprise has been forcibly deprived of its business qualification due to violating the law, and shall be liquidated in accordance with the law, and the registration shall be cancelled after the liquidation is completed. According to the Letter of the Supreme People's Court on How to Determine the Civil Litigation Status of an Enterprise Legal Person After Its Business License Is Revoked, after the business license of an enterprise legal person is revoked and before its registration is cancelled, the enterprise legal person should still be deemed to be in existence and may conduct litigation activities in its own name.

3. Different law enforcement procedures. The deregistration of an enterprise legal person is terminated by the competent registration authority in accordance with a set of registration procedures, such as acceptance, examination, approval, issuance of a cancellation approval letter to the enterprise, and filing. The revocation of the business license is the ability of the administrative organ for industry and commerce to deprive an enterprise of its business behavior based on the facts of the violation, through law enforcement procedures such as filing a case, investigating and collecting evidence, reviewing the case, holding a hearing, serving a penalty decision, announcing and filing a case.

Cancellation is generally a registration procedure for the entity of the town to terminate its operation and perform with the registration authority. Bankruptcy must be an administrative penalty imposed by the registration authority on a registered entity that seriously violates the law, or bankruptcy. The cancellation of our company was done in Alipay's closed reform and running Zhengtong, and you can search for it in Alipay or WeChat applet.

Crushing existence.