How to cancel a legal person who was deceived into doing so

How to cancel a legal person who has been deceived has the following scheme:

1. Negotiate with the shareholders of the company to request the revocation of the registered legal person.

2. Resignation. If an employee of the company is registered as a legal entity, he or she may be forced to withdraw from the legal entity by resignation if the request is not approved.

Article 13 of the Company Law stipulates that the legal representative of a company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

4. Report to the registration department. If you really can't quit, you can go to the industrial and commercial registration department to complain and report the company's false registration.

5. Prosecution. If you are unable to withdraw from the legal person normally under the above circumstances, you can start the litigation procedure and file a lawsuit with the court, at this time, you must prove that you are the legal representative of the company, and you must prove that you were deceived by others as the legal representative.

Before the company is deregistered, a liquidation group should be established first, and the members and persons in charge of the liquidation group should be filed with the industrial and commercial bureau within 10 days. The liquidation group shall, within 30 days from the date of completion of the liquidation, apply to the original company registration authority for cancellation of registration. In addition, there are a series of other cancellation procedures that need to be completed before the cancellation of registration can be processed, such as:

You should first go to the National Taxation Bureau and the Local Taxation Bureau to check whether there are any outstanding taxes and fees, and then cancel the tax registration certificate.

1. How to cancel a legal person who has been deceived.

1. The method of deregistration of a legal person who has been deceived is as follows:

1) Negotiate with the shareholders of the company to request the revocation of the registered legal person;

2) Resign. If an employee of the company is registered as a legal entity, he or she may be forced to withdraw from the legal entity by resignation if the request is not approved.

3) Exercising the rights of a legal person. The enterprise legal person exercises its functions and powers within the scope of the authority stipulated in the national laws, regulations and the articles of association of the enterprise, and the legal person has the right to entrust others to become a legal person;

4) You can complain to the industrial and commercial registration department and report the company's false registration;

5) Prosecution. If you are deceived as a legal person, you can file a case according to the actual situation, and you can choose to call the police before hail.

2. Legal basis: Article 13 of the Company Law of the People's Republic of China.

Legal representative] The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the company's 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 20. Prohibited Acts of Shareholders] Shareholders of the company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

Second, what materials are needed for the change of the representative of the Chentong Company.

The following materials are required for the change of the company's legal representative:

1. Application for change of registration signed by the company's legal representative;

2. Resolutions or decisions on changes made in accordance with the Company Law of the People's Republic of China;

3. Other documents required by the State Administration for Industry and Commerce.

Legal analysis: If the person who was deceived into becoming a legal representative, if the person who deceived the registered legal person was doing something for illegal purposes, it is best to hire a lawyer, put aside the things that are unfavorable to him, and then consider canceling it. After the cancellation is completed, the legal personality of the company will be completely extinguished.

Or negotiate with the person in charge of the company to apply to the industrial and commercial department for the change of registration of the legal person, and if the negotiation fails, you can apply to the industrial and commercial department for cancellation of registration on your own.

Legal basis: Article 43 of the Regulations of the People's Republic of China on the Administration of Company Registration A company shall submit the following documents to apply for cancellation of registration:

1) Application for cancellation of registration signed by the person in charge of the liquidation group of the company;

2) Bankruptcy rulings of the people's courts, judgments and judgments of the company, resolutions or decisions made by the company in accordance with the Company Law, documents ordered by administrative organs to close down or the company revoked;

3) Liquidation reports filed and confirmed by shareholders' meetings, shareholders' general meetings, shareholders of one-person limited liability companies, boards of directors of foreign-invested companies, or people's courts or company approval organs;

4) "License of the Business Executive of the Enterprise Legal Person";

5) Other documents that laws and administrative regulations provide shall be submitted.

Wholly state-owned companies applying for cancellation of registration, should also be submitted to the State-owned assets supervision and administration of the decision, among them, the most important wholly state-owned companies to dismantle the bank, should also submit the approval documents of the people at the same level. A company with a branch office shall also submit a certificate of cancellation of registration of the branch when applying for deregistration.

The way to cancel the company's legal personality is as follows:

After the dissolution of the company occurs, the company shall be liquidated, and after the liquidation is completed, a liquidation report shall be prepared and submitted to the company registration authority to apply for the cancellation of the company.

After the liquidation of the 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 registration authority of Zaojing Company to apply for cancellation of the company's registration.

Answer: First of all, you can negotiate with the company's shareholders to request the revocation of the qualification of the nominal legal representative. Second, if the employee of the company is a legal person, he can be forced to withdraw from the legal person by resignation if the request is not approved.

The third is to exercise the rights of a legal person and transfer some relevant rights and obligations to others. The fourth part of the bank reported to the registration department. If you really can't quit, you can go to the industrial and commercial registration department to complain and report the company's false registration.

Finally, if you are unable to withdraw from the legal person normally under the above situation, you can start the litigation procedure and file a lawsuit with the court.

Legal basis: Article 13 of the Company Law The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Legal analysis: How to cancel a legal person who has been deceived has the following plans: 1. Negotiate with the company's shareholders to request the cancellation of the registered legal person; 2. Resignation.

If an employee of the company is registered as a legal entity, he or she may be forced to withdraw from the legal entity by resignation if the request is not approved. 3. Exercising the rights of a legal person and transferring some relevant rights and obligations to others.

Legal basis: Article 13 of the Company Law of the People's Republic of China; In accordance with the provisions of the articles of association, the legal representative of the company shall be the chairman, executive director or manager, and shall be registered in accordance with the law. The legal representative of the company changes the old cave, and the branch clan should handle the change registration and wait.