Under what circumstances will the business license of the enterprise be revoked?

According to the reasons for revocation listed in China's "Regulations on the Administration of Company Registration", combined with the "Administrative Measures for the Registration of Sole Proprietorship Enterprises", "Administrative Measures for the Registration of Partnership Enterprises", "Regulations on the Administration of Registration of Enterprise Legal Persons" and relevant laws and regulations, the reasons for the revocation of business licenses in China can be summarized as follows: (1) False registration. That is, the situation of fraudulently obtaining registration with various false documents (including false registered capital certificates, etc.).

This is the common reason used for almost all types of business license revocations. Whether it is a sole proprietorship, a partnership, a company or any other type of enterprise, any business license obtained by false registration or deception may be revoked if the circumstances are serious. (2) Failure to open or suspend business without reason.

Article 225 of the Company Law and Article 62 of the Regulations on the Administration of Company Registration stipulate that if a company fails to commence business for more than 6 months without justifiable reasons after its establishment, or if it ceases business for more than 6 consecutive months after commencement of business, the business license shall be revoked by the company registration authority. Except for the Administrative Measures for the Registration of Partnership Enterprises, the Administrative Measures for the Registration of Sole Proprietorship Enterprises and the Regulations on the Administration of the Registration of Enterprise Legal Persons both expressly stipulate this as a reason for revocation of business licenses.

3) Failure to participate in the annual inspection of the enterprise on time, and refusal to accept fines. Legal basis: Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration provides that if a company fails to commence business for more than 6 months without a legitimate reason after its establishment, or suspends business for more than 6 consecutive months after commencement of business, the business license may be revoked by the company registration authority.

Article 64 of the Regulations of the People's Republic of China on the Administration of Company Registration provides that if a person falsely declares the registered capital and obtains the company registration, the company registration authority shall order it to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of the falsely declared registered capital; and where the circumstances are serious, revoke the company's registration or revoke the business license.

The following 4 situations will lead to the revocation of the business license of the enterprise:

1.False registrations. Whether it is a sole proprietorship, a company, a partnership or any other type of enterprise, if there is a false registration or fraudulent means to obtain a business license, the business license may be revoked when the circumstances are serious.

2.Exceeding the scope of operation. When a legal person registers a company, it is necessary to indicate the business scope of the company, and after successfully registering the company, it is necessary to carry out business according to the business scope filled in.

If it is found that an enterprise has engaged in relevant business activities other than the original business scope without changing its business scope, the administrative department for industry and commerce has the right to revoke its business license.

3.Enterprises do not participate in the annual inspection procedures within the time limit.

4.Not opening or closing business without reason. According to the relevant laws and regulations, if the company fails to operate for more than 6 months without justifiable reasons after its establishment, or ceases business for more than 6 consecutive months after opening, the company registration authority will revoke its business license.

In the case of appeal, the business license will be revoked by the administrative department for industry and commerce, and the revocation of the business license will have a negative impact on the enterprise and its legal representative and directly responsible person. A business license that has been revoked has the following consequences:

1.The name of an enterprise whose business license has been revoked must not be reused within three years;

2.If the company's business license is revoked due to illegal acts, and its legal representative bears personal responsibility for the company's illegal acts, he shall not serve as a director, supervisor or manager of the company for 3 years from the date of revocation of the business license, and shall not serve as the legal representative of other companies.

3.After the business license is revoked, the investor or shareholder of the enterprise who refuses to liquidate shall bear the legal consequences arising therefrom.

4.Enterprises that refuse to return the official seal of the business license or contract to the original registration authority may request the local public security organ to assist in the collection. If the confiscated business license is used to engage in business activities, it shall be punished as unlicensed operation.

Legal analysis: The company's business license will be revoked in the following cases:

1. The applicant falsely declares the registered capital to obtain company registration, and the circumstances are serious;

2. The applicant obtains the company registration by submitting false materials or concealing important facts, and the circumstances are serious;

3. The company has not opened for more than 6 months without a legitimate reason;

4. After opening, it has been closed for more than 6 consecutive months.

Legal basis: "Regulations of the People's Republic of China on the Administration of Company Registration" Article 64 If a person falsely declares the registered capital and obtains the company registration, the company registration authority shall order it to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of the falsely declared registered capital; If the circumstances are serious, the company registration or the business license shall be revoked.

The reasons for the revocation of the business license of the enterprise can be roughly summarized into three situations:1The enterprise has committed serious illegal acts, such as submitting false materials or using other means to conceal important facts to obtain company registration; asset appraisal and capital verification institutions provide false materials, etc.;

2.Accept the annual inspection procedures according to the regulations and still do not accept the annual inspection within the prescribed time limit after being reminded;

3.The company has not commenced business for more than six months without justifiable reasons after its establishment, or has ceased business for more than six consecutive months after commencing business.

All of the above are violations of the Company Law, and there are many other laws and regulations, such as the Regulations on the Registration and Administration of Enterprise Legal Persons, the Partnership Law, and so on.

The revocation of the license is the most serious penalty and is the penalty of deprivation of the right to operate.

The business license is a certificate issued by the industrial and commercial administrative organ to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format of the Bright Shouting Forest shall be uniformly prescribed by the State Administration for Industry and Commerce.