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The Industrial and Commercial Bureau has a Jinxin system, in which all companies registered with the industry and commerce and illegal acts will be recorded. As you said, when the business license is revoked, the name of the legal entity in the system is blacklisted. This person is not allowed to serve as the legal representative of any company for 3 years.
In other words, if you register a company again, if the legal representative is the legal person of the revoked company, the system will not pass. If this has a great impact on you, you can go to the industry and commerce to find someone, or you can make up the inspection.
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1.The normal cancellation procedure is that the state and local tax is first cancelled and then the bank and industrial and commercial licenses are cancelled, and if the national and local tax is not cancelled, it will not be able to become a legal person after three years, even if the industry and commerce can continue to practice after three years, the tax will not be carried out.
2.The premise of tax write-off is that you can't owe taxes, but you should owe property tax, if you don't want to pay taxes in full, you can discuss with the person who audits whether you can be accommodating, but you have to make appropriate points.
In addition, there are two people who audit the accounts, one is their own administrator, and the other is from the audit department.
3.If you want to go through the normal procedures, you can not have an annual inspection in the year of cancellation, but the premise is that you must go through the tax cancellation procedures before the end of the annual inspection.
If you don't want to go through the normal procedure now, both the legal person and the accountant will be locked up, and you will have to pay a fine if you want to deregister in the future.
Just for your reference!
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Since it has been revoked, it is equivalent to having been written off.
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Legal analysis: You can apply for resumption of business and re-apply for a business license. The revocation of the business license is a punishment, that is, although the subject qualification exists, it has already withdrawn from the market, which cannot be restored, and there are also some provinces and cities that have paid the fine and then recovered, you can go to the local industrial and commercial bureau to consult the following.
They may first file an administrative reconsideration and file a lawsuit if they are not satisfied with the results of the reconsideration, or they may directly file a lawsuit to request that the administrative act be revoked and the original state restored.
Legal basis: Civil Code of the People's Republic of China
Article 69: In any of the following circumstances, a legal person is dissolved: (1) the period of existence provided for in the legal person's charter is completed or other reasons for dissolution provided for in the legal person's charter appear; (2) The right of the legal person to be the resolution of the dissolution of the Huili organization; (3) Where it is necessary to dissolve due to the merger or division of a legal person; (4) The legal person's business license or registration certificate has been revoked in accordance with law, and it has been ordered to close down or revoked; (5) Other circumstances provided for by law.
Article 78: For-profit legal persons established in accordance with law are to be issued a business license by the registration authorities to the for-profit legal persons. The date of issuance of the business license is the date of establishment of the for-profit legal entity.
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Generally, no, but it is recommended to make up as soon as possible.
1.The competent authority continues to conduct spot checks throughout the year and finds that enterprises that have not made public their annual reports will be included in the list of enterprises with abnormal operations; In the future, the company will deal with and remove the abnormal list, and the "black record" will also accompany the company for life.
2.After an enterprise enters the abnormal list, it cannot handle matters such as change and cancellation.
3.**procurement,**bidding,** when awarding honors, enterprises with abnormal operations will be eliminated.
4.When an enterprise cooperates with a foreign country, it is questioned about the credit of the enterprise.
5.After three years of being included in the abnormal list, the company will be included in the list of serious offenders.
6.The person in charge of the enterprise, the person in charge of the law, the senior management and other responsible persons in other companies will be subject to the restrictions of Moyan, and the person in charge of the enterprise, the legal person, etc., will not be able to apply for loans, enter and exit, take planes, high-speed rail, stay in three-star hotels or above, etc.
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Summary. If you do not participate in the annual inspection for two consecutive years, your business license will be revoked. The registration authority of the annual inspection deadline has not participated in the monthly annual inspection of the enterprise legal person announcement, from the date of the announcement, within 30 days of the annual inspection within the specified time for the annual inspection, may revoke the business license.
If you do not participate in the annual inspection for two consecutive years, your business license will be revoked. The registration authority Hui Bureau of the annual inspection before the deadline for the field concession period did not participate in the monthly annual inspection of the enterprise legal person announcement, from the date of the announcement, within 30 days of the annual inspection within the specified time, can revoke the business license.
Legal basis: Article 19 of the Measures for the Annual Inspection of Enterprises If an enterprise does not accept the annual inspection in accordance with the regulations, the enterprise registration authority shall rebuke it or order it to accept the annual inspection within a time limit. if it belongs to the company, it shall be fined between 10,000 yuan and 100,000 yuan.
Those who belong to branches, non-corporate enterprise legal persons and their branches, foreign (regional) enterprises engaged in business activities in China, and other business units shall be fined not more than 30,000 yuan. If it belongs to a partnership enterprise, a sole proprietorship enterprise and its branches, a fine of less than 3,000 yuan shall be imposed. If the enterprise fails to accept the annual inspection within the time limit ordered, it shall be announced by the enterprise registration authority.
If the annual inspection is not accepted within 60 days from the date of issuance of the announcement, the business license shall be revoked in accordance with the law.
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If an enterprise has been included in the list of abnormal business operations for 3 years and fails to perform the obligation of information disclosure (annual inspection of the business license), the enterprise will be included in the list of enterprises with serious violations.
The legally-designated representative or responsible person of an enterprise included in the list of enterprises with serious violations must not serve as the legally-designated representative or responsible person of another enterprise for 3 years.
The Measures for the Annual Inspection of Enterprises make the following provisions on the circumstances of revocation of business licenses:
If the company does not accept the annual inspection in accordance with the regulations, the company registration authority shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan, and accept the annual inspection within a time limit; If the annual inspection is still not accepted within the time limit, the business license shall be revoked.
If the true situation is concealed or falsified in the annual inspection, the company registration authority shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and make corrections within a time limit; where the circumstances are serious, the business license is revoked.
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Consequences: late fees, inability to serve as executives, blacklisting, credit stains, children's schooling, inability to take out loans and immigration, inability to spend high expenses, etc. Please treat it with caution!
Cancellation is the initiative of the enterprise, revocation is the most severe administrative punishment made by illegal enterprises, after the revocation of Sakura friends can not be recovered, can only be revoked to deregister.
At present, the industry is more authoritative: running the government through the national cancellation, Alipay homepage search: running the government, you can cancel the self-service verification price, enter the enterprise name and registration information, and specialize in revocation and cancellation of lifelong benefits.
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The business license was revoked by the Industrial and Commercial Bureau because it did not have an annual inspection for industry and commerce, but the enterprise was not cancelled, and the enterprise was in a state of revocation. After an enterprise is revoked, its legal personality is forcibly deprived, its civil subject qualifications and business qualifications disappear, and the enterprise must not continue to engage in market business activities. Enterprises whose business licenses have been revoked shall return the official seal of the business license and the special seal of the contract to the original registration authority.
In addition, it should also be noted that the difference between the revocation of a business license and the application for cancellation of registration by the administrative authority for industry and commerce in accordance with the law and the application for cancellation of registration by an enterprise are two ways for market entities to withdraw from the market, and although both lead to the extinction of the legal personality of an enterprise, the legal consequences are very different. Deregistration is premised on the application of the enterprise, which is the initiative of the enterprise and the only way for the enterprise to legally withdraw from the market, which is not only the legitimate right of the investor and shareholder, but also the legal obligation that must be fulfilled.
The revocation of the business license is the most severe administrative punishment imposed by the industrial and commercial administrative organ in accordance with the provisions of relevant laws and regulations, and the enterprise shall not continue to engage in market business activities. The revocation of the business license will impose certain restrictions on the enterprise and its legal representative and the person directly responsible. Article 31 of the Administrative Measures for the Registration of Enterprise Names issued by the State Administration for Industry and Commerce stipulates that the name of an enterprise whose business license has been revoked shall not be used within three years, and 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 if it has not exceeded three years from the date on which the company's business license has been revoked.
Secondly, the investors or shareholders of the revoked enterprise shall perform the obligation of organizing liquidation in accordance with the law, and if they refuse to liquidate, they shall bear the legal consequences arising therefrom. In addition, an enterprise whose business license has been revoked shall return the official seal of the business license and the seal of the contract to the original registration authority, and if it refuses to return it, it is a violation of the registration management regulations, and may request the local public security organ to assist in the collection. 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.
That's all there is to it, do you understand?
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If there are no other debt disputes, there will be no impact on the legal representative of the company.
and inform the bank of the cancellation of registration, and the competent department or liquidation organization shall be responsible for clearing up its creditor's rights and debts.
Article 54 of the Detailed Rules for the Administration of the Registration and Administration of Enterprise Legal Persons stipulates that when the competent registration authority approves the registration cancellation or revocation of the license, it shall revoke the registration number at the same time, collect the original copy of the license and the official seal, and notify the depositary bank.
After the business license is revoked, it is necessary to go through the cancellation procedures with the original examination and approval authority. The procedure for cancellation is as follows: >>>More
You can only consider yourself unlucky, and no one can do anything about it.
The revocation of the business license only causes the company to lose its business qualification, but does not affect the company's legal personality. According to the Administrative Licensing Law, an administrative organ may change or withdraw an administrative license that has taken effect in accordance with the law. The company registration authority has the right to exercise its discretion in accordance with the law, and even if the company registration authority makes a penalty decision to revoke the company's business license, it may not be able to make a decision to change or revoke the administrative penalty through legal procedures. >>>More
1) The original and a copy of the relevant approval document or registration certificate (A4 specification), 2) A copy of the ID card of the legal representative or person in charge (A4 specification), 3) The original and a copy of the ID card of the person in charge (A4 specification), 4) The official seal of the unit. >>>More
Legal analysis: 1. The industrial and commercial blacklist is restricted for three years, and the legal representative cannot establish a new company within three years, and cannot serve as the legal representative or person in charge of other enterprises; >>>More