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The relevant time will be automatically cancelled, and the legal representative of the revocation of the enterprise, the shareholders will be blacklisted by the Industrial and Commercial Bureau, and may not be able to use their own names to register the company again within 3 years, and the bad personal credit record will be maintained for 7 years, and they will be fined.
Impact of revocation of business license on legal representatives 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.
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It has nothing to do with the superintendent.
It is primarily the responsibility of the shareholders.
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If the company is dissolved but not deregistered, it may have the following consequences:
Property issues: If the company is not deregistered, its property may not be liquidated and distributed. This can lead to disputes between shareholders and creditors, as well as lawsuits and disputes involving the company's property.
Legal issues: Failure to deregister the company may lead to issues of legal liability. For example, a company may be deemed to continue to exist and be responsible for its predecessor business or actions, even if it has been dissolved.
Tax issues: A company that is not deregistered may have tax implications. For example, a company may need to continue filing and paying taxes even after it has been dissolved.
Affect reputation: A company's failure to deregister may affect the company's creditworthiness and reputation. This may affect the company's future business opportunities and partners.
Therefore, the company should be deregistered in time after dissolution to avoid potential problems and risks.
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The dissolution of the company without cancellation has the following consequences:
1. It is easy to be listed by the competent authorities as abnormal in operation, and after many abnormalities, it will be included in the list of illegal and untrustworthy, which will affect the credit of legal persons and shareholders, and will be fined.
2. Failure to register for tax purposes or late filing of tax returns will result in a fine. Long-term failure to declare will be included in the tax abnormal account, this hand spring is not a fine, and the golden tax four bina period link to various departments, information sharing, the future will be more restricted.
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1. If the legal representative of the enterprise bears personal responsibility for the company's illegal acts, and has not been defeated for more than three years since the date on which the company's or enterprise's business license was revoked, he shall not serve as a director, supervisor or manager of the company.
2. In accordance with the provisions of the State Administration for Industry and Commerce's "Regulations on the Administration of the Registration of Legal Representatives of Enterprise Legal Persons", those who serve as the legal representative of an enterprise whose business license has been revoked due to violations of the law and bear personal responsibility for the illegal acts of the enterprise shall not serve as the legal representative of other enterprises if it has not exceeded three years from the date on which the business license of the enterprise has been revoked.
3. The bad information of the enterprises whose business licenses have been revoked and the enterprises that have seriously violated laws and regulations and their responsible legal representatives will be locked in the warning information database, and some will be blacklisted, and the bad records will not be eliminated in the personal name of the responsible person for a relatively long time, so that they will bear the consequences of dishonesty in society.
1. The format of the notice of dissolution of the company.
The notice of dissolution of the company generally contains the following contents, the first part is the basic information of the company, such as the name of the company, the name of the legal representative, the detailed address of the company, etc.; The second part is the cause of the dissolution of the company, which can be the expiration of the business period specified in the articles of association or other reasons for dissolution stipulated in the articles of association; The shareholders' meeting or the shareholders' meeting resolves to dissolve the company, and the company needs to be dissolved; The third part is the date of the announcement, and the dissolution announcement should be announced to all creditors. Finally, there is bankruptcy liquidation. According to Article 183 of the Company Law, if serious difficulties arise in the operation and management of the company, and the continued existence of the company will cause significant losses to the interests of shareholders, and cannot be resolved by other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.
2. Which court has jurisdiction over the litigation for the dissolution of the company.
Litigation cases of dissolution of the company and liquidation of the company shall be under the jurisdiction of the people's court at the place where the company is domiciled. The domicile of the company refers to the location of the company's main office. If the location of the company's office is not clear, the people's court at the place of its registration shall have jurisdiction.
The basic level people's courts have jurisdiction over the dissolution litigation cases and company liquidation cases of the company registered with the approval of the company registration authority of the county, county-level city or district; Intermediate people's courts have jurisdiction over the dissolution of companies and liquidation cases of companies registered with the approval of the company registration authorities at or above the prefecture-level city.
According to Article 46 of the Labor Contract Law of the People's Republic of China, if an employer has its business license revoked, is ordered to close or revoked, or the employer decides to dissolve ahead of schedule, the employer shall pay economic compensation to the employee. Accordingly, if the employer dissolves early, the employees have the right to claim severance according to the number of years of service, and one month's salary for each full year. Where it is more than six months but less than one year, it is calculated as one year.
If the negotiation fails, the employee may file a labor arbitration with the labor dispute arbitration commission at the place where the employer is located or the place where the labor relationship is located in accordance with the law.
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If the company is dissolved, it may not be deregistered. After the dissolution of the company, it is necessary to establish a liquidation group in a timely manner, and return the company's property to the company, formulate a liquidation plan, and after the liquidation is completed, it is necessary to make a liquidation report and apply for cancellation of registration in accordance with the law after confirmation.
Company Law of the People's Republic of China
Article 180.
The company was 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) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
Company Law of the People's Republic of China
Article 186.
After liquidating the company's property and compiling the balance sheet and property list, 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.
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, report 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 wheel tracking company and announce the termination of the company.
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If the company is dissolved, it may not be deregistered. After the dissolution of the company, it is necessary to establish a liquidation group in a timely manner, clean up the company's property, formulate a liquidation plan, and after the liquidation is completed, it is necessary to make a liquidation report and apply for cancellation of registration in accordance with the law after confirmation.
Legal basis: Company Law of the People's Republic of China
Article 180 A company is dissolved for the following reasons: (1) the expiration of the business period stipulated in the articles of association of the company or the occurrence of other reasons for dissolution and 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 courts have not been dissolved in accordance with the provisions of Article 182 of this Law.
Article 186:After liquidating the company's property and compiling the balance sheet and property list, 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.
Article 188 After the liquidation of a 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.
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After the company is dissolved, it is not deregistered. It is necessary for the parties to take the initiative to handle the deregistration of the company in accordance with the law. According to the law on phase combustion control, if there is a change in the registration items of the company, it must go through the change registration with the company registration authority in accordance with the law, and if the company is dissolved, it must go through the cancellation registration of the company in accordance with the relevant laws.
Article 174 of the Company Law of the People's Republic of China.
When a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving company or the newly established company after the merger.
Article 179.
If there is a change in the registration items of the merger or division of the company, the company 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.
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