What are the consequences of the company not deregistering the legal person

1. The credit risk that will be bringed.

The State Administration for Industry and Commerce issued the latest regulations that if an enterprise does not file a tax return on time and the company does not deregister, it will bring credit stains to the company, which will have the following impacts:

1. The legal representative cannot take out a loan to buy a house;

2. The legal representative cannot handle immigration;

3. The legal representative cannot receive pension insurance;

4. The company will be fined 2,000 to 10,000 yuan by the tax bureau every year;

5. If there is tax arrears, the legal representative of the enterprise will be prevented from leaving the country; can't take planes and high-speed trains; 6. If you do not declare taxes for a long time, the tax bureau will come to check and the invoice will be locked;

7. The industrial and commercial credit network has entered the list of abnormal operations, and all external bidding businesses are restricted, such as: bank account opening, stationing, etc.

2. It is necessary to bear certain legal consequences.

1. Financial penalties.

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. For those who do not cancel normally in accordance with the law, the third year of non-annual inspection will be regarded as automatic revocation.

2. Company blacklist.

Enterprises that fail to be deregistered within the specified time will be blacklisted by the industrial and commercial department, and the enterprise will go through strict screening and review if it wants to go to industry and commerce and tax for any affairs in the future.

3. Blacklist of legal persons.

The legal representative and shareholders of the revoked enterprise will be blacklisted by the Industrial and Commercial Bureau, and they will not be able to re-register the company in their own name within 3 years. The tax policy is permanently included in the monitoring blacklist, and if the company is re-registered, it will be retroactively fined by the tax authorities.

The bank's personal credit history will remain bad for seven years and will be subject to a fine; Bad personal credit records will enter the credit information system, which will have an impact on my future bank loans, going abroad, etc.

If the company does not deregister for a long time, the company will be included in the list of abnormal industrial and commercial operations and the tax blacklist.

If it is not disposed of after being included in the list of abnormal operations, the business license will be revoked.

If a legal person wants to act as a shareholder or executive of a new company, it is necessary to dispose of tax items first and enter the integrity list.

What is the impact of the revocation of the business license on the legal representative and shareholders?

A business license is a certificate for the legal operation of a business. The revocation of a business license is an administrative penalty imposed by the industrial and commercial department on depriving an enterprise of the right to continue operating if it has seriously violated the law. Failure to conduct annual inspections, poor hygiene, hidden safety hazards, untimely tax payment, and unguaranteed quality will all lead to the revocation of the business license of the enterprise by the administrative organ for industry and commerce.

After the business license of the enterprise is revoked, the legal personality of the enterprise is forcibly deprived, and its civil subject qualification disappears, and it is not allowed to continue to engage in market business activities, otherwise, it is an illegal act.

Revocation of business licenses and deregistration of enterprises are two ways for enterprises to exit the market, and although both lead to the extinction of the legal personality of enterprises, the legal consequences are very different. Deregistration is the initiative of the enterprise, and the only way for the enterprise to legally withdraw from the market is based on the premise of the enterprise's application. The revocation of a business license is the most severe administrative penalty imposed by the administrative authority for industry and commerce on an enterprise that has seriously violated the law.

Some business operators have certain misunderstandings about "revocation" and "cancellation", believing that "cancellation" should be liquidated, spend money, and run to the relevant units, and it is better to be revoked to save time and effort by revoking business licenses, and a small number of enterprises even take "revocation" as a kind of "relief", so some enterprises take deliberately not participating in annual inspections and other methods when withdrawing from the market, waiting for the business license to be revoked by the industrial and commercial department, and this behavior often leads to serious legal consequences in practice. First, the revocation of a business license will impose certain restrictions on the enterprise and its legal representative and directly responsible person. 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 within three years from the date on which the company's business license was 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. Second, if the investor or shareholder of the enterprise whose business license has been revoked does not fulfill the obligation of organizing liquidation in accordance with the law, he must bear joint and several liability for the debts of the enterprise.

Third, if an enterprise whose business license has been revoked does not return its business license, official seal, contract seal, etc. to the original registration authority, it is a violation of registration management regulations, and the public security organs may assist in collecting it. 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.

Fourth, the bad information of the enterprises whose business licenses have been revoked and their responsible legal representatives will be recorded in the warning information database of the industrial and commercial departments for investors, transaction partners, and consumers to conduct market research, and cannot be eliminated for a long time.

Legal analysis: 1. If the company is not deregistered, the enterprise will be included in the list of abnormal industrial and commercial operations and the tax blacklist;

2. If it is not dealt with after being included in the abnormal business list, it will be revoked;

3. Industrial and commercial abnormalities and legal persons will not be able to serve as legal persons of Yancong New Company.

4. Tax blacklist, tax arrears, legal persons, executives, and referred shareholders who want to serve as shareholders and executives in the new company need to deal with tax issues first;

5. After entering the integrity blacklist, Weixiangyu legal persons and shareholders will not be able to go abroad and consume in high-end places;

6. Unable to take high-speed rail or airplane;

7. Legal persons and shareholders will not be able to apply for immigration.

Legal basis: Article 188 of the Company Law of the People's Republic of China After the liquidation of a 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 registration and announce the termination of the company.

If the company does not cancel and let it go, it will have a certain impact on the legal representative. The legal representative will be affected to a certain extent in terms of taking out loans to buy houses and receiving pension insurance. At the same time, the enterprise will be included in the list of abnormal industrial and commercial operations and the tax blacklist, and if it is not dealt with after being included in the abnormal business list, it will be revoked.

Legal basis: Article 211 of the Company Law of the People's Republic of China Legal liability for late commencement of business, late judgment of suspension of business, and failure to change registration in accordance with the law.

If a company fails to operate for more than six months without justifiable reasons after its establishment, or suspends business on its own for more than six consecutive months after opening, its business license may be revoked by the company registration code material reform authority. When there is a change in the company's registration items, if it fails to handle the relevant change registration in accordance with the provisions of this Law, the company registration authority shall order the registration within a time limit; 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.

Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration If a company fails to commence business for more than 6 months without justifiable reasons 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.

Legal Analysis: Credit Risks That Will Be Presented. The law stipulates that if an enterprise fails to file tax returns on time and the company does not deregister, it will bring a credit stain to the company.

Specifically, it has the following impacts:1. The legal representative cannot take out a loan to buy a house;2. The legal representative cannot handle immigration;

3. The legal representative cannot receive pension insurance.

Legal basis: Article 188 of the Company Law of the People's Republic of China After the liquidation of the company is suspended, the liquidation team shall prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation of Wu Mo, and submit it to the company registration authority to apply for cancellation of the company registration and announce the termination of the company.

If the legal person of the company should go through the deregistration but fails to do so, the consequences are as follows: 1. The company will be listed as having abnormal operation; 2. The legal representative and its shareholders cannot register and establish a new company within three years; 3. Other possible adverse consequences. The first paragraph of Article 43 of the Regulations on the Administration of Company Registration stipulates that a company shall submit the following documents when applying for cancellation of registration:

1) Application for cancellation of registration signed by the person in charge of the liquidation group of the company; 2) The bankruptcy ruling of the people's court, the judgment of dissolution and tailoring, the resolution or decision made by the company in accordance with the Company Law, the document ordered by the administrative organ to close down or the company to be revoked; (3) The liquidation report filed and confirmed by the shareholders' meeting, the general meeting of shareholders, the shareholders of a one-person limited liability company, the board of directors of a foreign-invested company, or the people's court or the company's approval authority; (4) Business License for Enterprise Legal Person; 5) Other documents that laws and administrative regulations provide shall be submitted.

Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed. Article 3 of the Administrative Provisions on the Registration of the Legal Representative of an Enterprise Legal Person (hereinafter referred to as the legal representative) of an enterprise legal person shall be approved and registered by the enterprise registration authority and obtain the legal qualification of the representative of the enterprise legal person.

Article 5: The procedures for the selection and dismissal of the legal representative of an enterprise shall comply with the provisions of laws, administrative regulations, and the articles of association of the enterprise legal person. Article 9: Legal representatives shall exercise their authority within the scope of their authority as provided for in laws, administrative regulations, and the articles of association of enterprise legal persons.