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Basis for establishment: Interim Regulations on the Registration and Administration of Private Non-enterprise Units
Application conditions: If a private non-enterprise unit is dissolved on its own, divided, merged, or needs to cancel its registration due to other reasons, it shall apply to the registration management authority for cancellation of registration.
Handling materials: Private non-enterprise units handle cancellation of registration, and submit the following materials (original in duplicate) after passing the online application:
1) "Application for Cancellation of Registration" (submit an application to the Ministry of Civil Affairs, explain the reasons for cancellation of registration, liquidation and other important matters that need to be explained, signed by the legal representative and stamped by the private non-enterprise unit);
2) The reply of the professional supervisory unit agreeing to cancel the registration (stating that it agrees to the cancellation and recognizes the liquidation results and the disposal of the remaining property, and affixes the national emblem);
3) Application Form for Cancellation of Legal Person of Private Non-enterprise Units (No.: 02) and affix a seal or signature as required;
4) Liquidation audit report of private non-enterprise unit issued by accounting firm;
5) Liquidation report of private non-enterprise units (signed by members of the liquidation team), announcement of creditor's rights and debts (the announcement shall be published in the newspaper of the public public, and the original newspaper shall be submitted);
6) Private non-enterprise units to perform internal procedures related documents.
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First, the front. Procedures for deregistration of private non-enterprises:
1. Convene a meeting of the board of directors to resolve. If a private non-enterprise unit needs to cancel its registration, it shall, in accordance with the procedures for performing the articles of association, convene a meeting of the board of directors to resolve the cancellation matters, prepare meeting minutes, and have them reviewed and signed by the directors attending the meeting;
2. Apply to the business supervisory unit for cancellation of approval. A private non-enterprise unit with a professional supervisory unit shall report to the professional supervisory unit for review and approval within 15 days after the resolution of the board of directors meeting is passed;
3. Apply to the registration authority for cancellation of registration.
2. Analyze the details.
refers to social organizations established by enterprises, public institutions, social groups and other social forces, as well as individual citizens, using non-state-owned assets to engage in non-profit social service activities. Under the current system, private non-enterprise units, social organizations, and associations are essentially a form of non-governmental organizations.
Therefore, after a private non-enterprise unit as a non-governmental organization establishes an employment relationship with its employees, no matter how the nature of the enterprise is divided, the employer and the employee have established an employment relationship, and when a dispute arises, it must first determine the applicable law of the dispute and clarify the scope of legal adjustment, so that it can be accurately applied, so that its own claims or defenses can be based on the law, and avoid the risk of losing the lawsuit due to the wrong application of law.
3. The disadvantages of private non-enterprises.
Since the beginning of reform and opening up, along with the establishment and gradual improvement of the socialist market economic system, the number of non-enterprise units of all kinds has continued to increase, and they have played an increasingly extensive and positive role in the current social, economic, scientific, technological, and cultural development as well as in foreign exchanges. According to preliminary statistics, there are more than 700,000 private non-enterprise units of various types in the country, but in recent years, the shortcomings of private non-enterprise units in management have become increasingly prominent: first, the lack of macro planning and management, and the implementation of a unified centralized registration management system; Second, the relationship between private non-enterprise units and professional supervisory units is loose, resulting in an unsatisfactory management system and unclear division of responsibilities.
Many business supervisory units do not perform their management responsibilities and only approve and ignore them, and let them go freely; Third, some private non-enterprise units are widely distributed, and the conditions for absorbing personnel are broad, and there is no distinction between good and bad.
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The reasons for the cancellation of a private non-enterprise unit include self-dissolution, division, merger, or the need to cancel the registration due to other reasons.
Before going through the process of deregistration, a private non-enterprise unit shall, under the guidance of the professional supervisory unit and other relevant organs, establish a liquidation organization and complete the liquidation work. During the liquidation period, private non-enterprise units shall not carry out activities other than liquidation. The legal representative or responsible person of a private non-enterprise unit shall, within 15 days from the date of completion of liquidation, go through the cancellation of registration with the registration management authority.
To handle the deregistration, the application for deregistration, the examination documents and the liquidation report of the professional supervisory unit must be submitted. Where the registration management organs approve the cancellation of registration, they shall issue a certificate of cancellation and confiscate the registration certificate, seal and financial vouchers.
Within 30 days of receiving the complete materials for the application for cancellation of registration, the registration management organs shall issue a certificate of cancellation if the cancellation is approved, and publish an announcement in the relevant newspapers and periodicals. The announcement fee shall be paid by the deregistered private non-enterprise unit.
Legal basis] Interim Regulations on the Registration and Administration of Private Non-enterprise Units
Article 24 Where a private non-enterprise unit commits fraud in its application for registration or obtains registration by fraud, or where the professional supervisory unit revokes its approval, the registration management organ shall revoke the registration.
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1. 2022 sample application for cancellation of private non-enterprise units.
Civil Affairs Bureau: due to the reason of deregistration), private non-enterprise units) to apply for deregistration. The board of directors of the unit held a meeting of the board of directors on xx-xx-xx, and decided to apply for cancellation of registration after voting.
The unit set up a cancellation liquidation group on xx-xx-xx, and the team leader and members carried out the cancellation and liquidation work for the liquidation group. An announcement of creditor's rights and debts was published in the newspaper, and after the announcement was completed, the property liquidation was carried out by the accounting officer.
After liquidation, the unit's creditor's rights and debts), the remaining property situation and the way to deal with it). Application for cancellation of registration is hereby made. Leaders.
Legal representative: Signed).
The official seal of the unit) is the year of the celery month.
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Legal Analysis:1Convene a meeting of directors (directors) to resolve the cancellation matters, prepare meeting minutes, and review and sign them by the directors (directors) attending the meeting.
2.Apply to the professional supervisory unit for cancellation of approval. 3.
Within 15 days from the date of completion of liquidation, a private non-enterprise unit shall apply to the registration management authority for cancellation of registration.
Legal basis: "Interim Regulations on the Registration and Administration of Private Non-enterprise Units" Article 8 An application for registration of a private non-enterprise unit shall meet the following conditions:
1) Upon review and consent by the professional supervisory unit;
2) Have a standardized name and necessary organizational structure;
3) Have employees who are suitable for their business activities;
4) Have lawful property that is compatible with their business activities;
5) There is a necessary place. The name of a private non-enterprise unit shall comply with the provisions of the civil affairs department and shall not be titled"China"、"National"、"China"and so on.
I'll have to ask the Civil Affairs Bureau about this.
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