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In fact, there are two aspects of the company abnormality we are talking about, namely the abnormal industrial and commercial status and the abnormal tax status. First of all, let's talk about the anomaly of the industrial and commercial state. According to the official term, the abnormal business status is called "entering the list of abnormal business operations", and if you are a self-employed person, you will be marked as having abnormal business status.
Industrial and commercial anomalies are like a credit stain on the enterprise, because it is open to the public, it affects the company's reputation, and at the same time, it will be restricted in terms of obtaining qualifications and honors. If Qianhai Guo Daxia is not in the right tax, the company will not be able to issue invoices, declare taxes normally, etc., and the company will not be able to operate normally.
Therefore, we want to avoid these bad business and tax records. Whether it is an abnormal state of industry and commerce or an abnormal state of taxation, it is like a scar of the enterprise, which always exists with the enterprise, but fortunately, the company in the abnormal state can be directly deregistered, and any "credit stain" will be terminated after the company is deregistered. In fact, we recommend that abnormal companies be deregistered early, and there are several reasons for this.
1.Abnormal cancellation of industry and commerce can be exempted from paying fines.
In accordance with the relevant regulations, the Shenzhen company will be fined 5,000 yuan for failing to report the annual report for two years, and 10,000 yuan for 3 years. In the actual process, it is also determined that there is no need to pay a fine for cancellation.
In terms of taxation, if you choose to deregister the company, as long as the overdue taxes are filed and the penalty is paid (this penalty cannot be waived), it will return to normal, and you can apply for tax cancellation.
2.Avoid entering the industrial and commercial "blacklist".
The reason why the enterprise is abnormal, in the final analysis, is because of negligence, the enterprise has not carried out the actual operation in a shelved state, and there is no special person to maintain it, and the more problems will be over time.
In terms of industry and commerce, Qianhai Guo Daxia will be listed as a serious illegal and untrustworthy enterprise after 3 years, and the enterprise will be abolished, and the relevant person in charge is also a dishonest person, and he is not allowed to serve as the main person in charge of the newly registered company, which is what we usually call the "blacklist".
In terms of taxation, non-normal corporate legal persons cannot continue to register new companies and enter the "blacklist" of industry and commerce
3.If an enterprise is revoked, it also needs to be deregistered.
The nature of the abnormal business of the enterprise has not been revoked, and the consequences are serious, and before there is no supervision method for the abnormal business list, the abnormal business license of the enterprise is revoked, and the abnormal business list is still a relatively tolerant approach, giving the enterprise a chance to return to normal.
Once the business license is revoked, the enterprise will be completely unusable, and the bad record of the relevant person in charge of Qianhai Guo Daxia will always exist, and the company can no longer be registered within 3 years, and it is not allowed to serve as the company's director, supervisor, and senior management. The revocation of the business license does not mean that the company does not exist, and the legal entity qualification still exists, but it cannot engage in business activities. Therefore, if the enterprise is revoked, it must also be deregistered, and the normal deregistration process also needs to pay some relevant fines, and the company will be terminated only after the deregistration is completed.
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The abnormal operation of the company is a common situation faced by many companies in the process of operation, but when this situation occurs, whether the company can apply for cancellation of the company based on the abnormal operation is a problem that many companies are very concerned about. We know that if a company is included in the abnormal list by the Industrial and Commercial Bureau, there are four possibilities: first, it fails to publicize the annual report within the statutory time limit; (2) failing to disclose relevant enterprise information within the time limit ordered by the industrial and commercial department in accordance with law; the third is to publicize the enterprise information to conceal the true situation and deceive; Fourth, it is impossible to contact through the registered domicile (business place).
So, if the company is operating abnormally, can the company apply for cancellation at this time? According to the provisions of the relevant laws of China, there are statutory circumstances for the cancellation of the company, and the abnormal operation of the company does not belong to one of the statutory circumstances for the cancellation of the company, so the abnormal operation of the company cannot apply for cancellation.
Generally speaking, when the company is in an abnormal state in the system of the industrial and commercial bureau, it must first apply to the industrial and commercial bureau for the cancellation of abnormal accounts and invalid certificates, pay fines, such as no annual inspection, make up the annual report and publicize it to the public, register the company's address, and turn into a normal enterprise, before the company can continue the next step of the cancellation procedure, and go through the cancellation procedures after completing the tax liquidation.
Legal basis: Article 17 of the Interim Regulations on the Disclosure of Enterprise Information.
In any of the following circumstances, the administrative departments for industry and commerce at the county level or above are to enter them into the directory of abnormal business operations, and announce them to the public through the enterprise credit information publicity system, reminding them to perform their disclosure obligations; where the circumstances are serious, the relevant competent departments are to give administrative punishments in accordance with the provisions of relevant laws and administrative regulations; where losses are caused to others, they shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Enterprises fail to disclose their annual reports within the time limit provided for in these Regulations or fail to disclose relevant enterprise information within the time limit ordered by the administrative department for industry and commerce;
2) The information disclosed by the enterprise conceals the true situation or falsifies it.
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Can a company be deregistered if it is abnormal? If a company is included in the list of abnormal operations, can it still be deregistered? If the company is listed as having abnormal operations, the first thing to do is to clear the abnormality. There are many reasons for abnormal operation, and the specific reference is the rectification opinions of the relevant departments.
Four situations will be included in the list of abnormal business operations:
1. The enterprise fails to publicize the annual report information within the prescribed time limit; Included in the list of abnormal business operations.
2. The enterprise fails to publicize the relevant enterprise information within the time limit ordered by the industrial and commercial department; Included in the list of abnormal business operations.
3. Concealing the true situation and falsifying the information disclosed by the enterprise; Included in the list of abnormal business operations.
4. The enterprise cannot be contacted through the registered domicile or business place. Included in the list of abnormal business operations.
After an enterprise is listed as having abnormal operations, it can be deregistered. The premise is to deal with the exception first, and then go through the process of loggingout.
Let's take Shenzhen as an example:
1. Solutions to abnormal business operations.
1. Enterprises that have been included in the list of abnormal operations because they have not submitted annual reports from January 1 to June 30**;
Solution: Supplement the annual report of the unreported year and publicize it;
2. Enterprises that have been included in the list of abnormal business operations because they have not been publicized within 20 working days from the date of the formation of the instant information, and have not been publicized within the time limit ordered by the industrial and commercial department;
Solution: Perform the obligation of publicity within the order period;
3. Enterprises that are included in the list of abnormal business operations because the industrial and commercial departments carry out spot checks in accordance with the law or verify the verification of the information publicized by the enterprise, conceal the true situation, or commit fraud;
Solution: Correct the public information in a timely manner;
4. Enterprises that have been included in the list of abnormal operations because they cannot be contacted through their registered domicile or business premises;
Solution: Handle the registration of change of domicile or business place in accordance with the law, or the enterprise proposes to re-contact through the registered domicile or business place.
Two. The company should be deregistered, sooner rather than later!
The most critical problem is that if the company drags on and does not deregister, the consequences will only become more and more serious, because the policy will only become more and more perfect, and more and more departments will join the joint disciplinary action.
From the point of view of the cancellation process, if you want to cancel a company, you need to first go to the industrial and commercial bureau to do the liquidation group for the record, and then carry out tax cancellation, publish the announcement for 45 days, and cancel the record of other departments, and finally cancel the industrial and commercial registration, bank account, official seal ......This series of processes goes.
It will take half a year, or even a year.
In addition, for example, when you write off taxes, you need to have account books and tax returns for the past three years, and you also need to check the lease contract, otherwise you will have to pay the housing lease tax...If the company is "idle" for too long, these materials can not be found, and it will be a big project to refill them all, and it will cost a lot of money!
Therefore, the company is no longer operating, and it must be cancelled as soon as possible, otherwise it will be a time bomb no matter how you look at it! Industrial and commercial blacklist, you can't be the boss for three years! Tax blacklist, lifelong recovery nationwide! Lao Tie, your company that doesn't operate and doesn't file taxes still hasn't been cancelled?
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Some anomalies cannot be removed from the abnormal business directory first, and then go through the process of deregistration. It is necessary to first understand the reasons for the abnormal operation of the enterprise before prescribing the right medicine, and the specific problems can be consulted by Fangwen accounting company to handle on behalf of the company.
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Of course, the company can be deregistered if it is abnormal, but it must be handled in accordance with the legal procedures.
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If the company has abnormal behavior, he can be deregistered, but he must go to the relevant department to do this process.
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If the company has an abnormality, if you want to cancel it, you have to look at what is the abnormality, now the state has a company law constraints, as long as it is reasonable and legal cancellation is allowed, but if it is illegal to cancel it is absolutely not allowed. First of all, there should be no necrotic loans, and then there should be no bad records such as wage arrears.
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If the company is abnormal, it can be deregistered, but it cannot be deregistered if you apply for it.
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Of course, the company can be cancelled, as long as it is registered by itself, it can be cancelled with the certificate, but it must fulfill the relevant responsibilities.
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Can I often log out? If the company is abnormal, it should be possible to cancel it if there are no debts.
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Can the company be cancelled if it is abnormal, as long as it is abnormal according to your own wishes, I agree to cancel it, and I feel that it is more appropriate to cancel it.
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If the company is in an abnormal state. Of course, you can apply for cancellation.
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If there is an abnormality in the company's operation, it cannot be cancelled, and the abnormal situation must be dealt with before it can be cancelled normally.
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The company Yichang cannot be deregistered. All the problems must be solved clearly, and there are no abnormalities, before the company can be deregistered.
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The company's abnormality should not be cancelled, mainly to see the company's operation, and then you can talk to the relevant personnel.
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If the company is abnormal, you must look at what aspects of the company are abnormal, if it is abnormal, it cannot be cancelled.
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Generally, if the company is abnormal, it must be eliminated before it can be cancelled, otherwise it will not be cancelled.
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This can be cancelled, you have to go to the place where you apply for a business license to cancel it.
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If some of the company's software is abnormal, we can fix it, or cancel it, then the company's physical airport, then there is no way.
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If it is abnormal, then you can first dispose of all the exceptions and then go to the industrial and commercial bureau to cancel it.
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The cancellation of the company is a very troublesome process, sometimes a year or two of cancellation can not be, if it is a company, you can apply for cancellation, but it is estimated that if you buy into bankruptcy, he can not be deregistered.
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Whether the company can be cancelled due to the abnormality of the company shall be subject to the judgment of the local industrial and commercial bureau, and the industrial and commercial bureau will help you issue a notice if possible.
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So, if the company is abnormal, I feel that it is still necessary to cancel it, because if it is not deregistered, it will definitely be punished by this.
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Shi Yucheng, what can be cured? Can the company sell itself on a daily basis? It should be possible, and the place where the business license is issued can be cancelled.
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There are strict requirements for company deregistration.
Cancellation can only be carried out if the relevant regulations are met.
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You have to consult the bank about the company's abnormality?
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The company can be cancelled if there is an abnormality, but it can only be cancelled when it is dissolved by the resolution of the shareholders' meeting or when it meets other conditions for dissolution.
Legal basis: Article 188 of the Company Law After the liquidation of the company, 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, and submit it to the company registration authority to apply for cancellation of the registration of the imitation company and announce the termination of the company.
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No, you need to be removed from the list of abnormal business operations before you can cancel it.
Steps to log out. Liquidation.
Before the company goes through the company cancellation procedure with the registration authority, it must carry out the liquidation of the company in accordance with the law, including the termination of production, operation and sales activities, the settlement of the company's affairs, the settlement of civil lawsuits, the liquidation of creditor's rights and debts, and the distribution of remaining property.
The liquidation of a company, regardless of its nature, should follow the following steps:
1. Establish a liquidation group.
2. Liquidation.
The liquidation team shall take over the company from the date of its establishment and carry out the following businesses: taking over the company's property, closing the company's outstanding business, collecting creditor's rights, clearing debts, distributing surplus property, canceling the company's legal personality and revoking its business license.
3. Notify the creditor to declare the creditor's rights.
4. Propose a liquidation plan.
After liquidating the company's property, compiling the balance sheet and property list, the liquidation team shall formulate and propose a liquidation plan, which shall be submitted to the shareholders' meeting for discussion and approval or confirmed by the competent authority. The main contents of the liquidation plan are: liquidation expenses, wages and labor insurance premiums payable, taxes payable, repayment of company debts, distribution of surplus property, and termination of liquidation.
Write-offs can only be carried out after the liquidation has been completed.
Check in. During the cancellation process of the company, it is necessary to go to the following 7 departments or institutions to handle the corresponding account cancellation:
1. Social Security Bureau: Check whether there are any outstanding social security fees, and then cancel the company's social security.
2. Taxation Bureau: check whether there are any unpaid taxes or fees, and then cancel the company's national and local taxes.
3. Newspaper**: The company needs to publish its own newspaper to announce that the company is about to be cancelled.
4. Industrial and Commercial Bureau: handle the company's cancellation of the record and cancel the business license.
5. Opening bank: cancel the company's account opening license and other accounts such as basic bank accounts.
6. Quality Supervision Bureau: go to the Quality Supervision Bureau to cancel the company's license, such as production license.
7. Public security organs: the legal effect of canceling the company's seal (the seal itself can not be handed over).
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