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Yes, the official seal has lost its legal effect.
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Quickly cancel Yes, because the company is gone, and the official seal has lost its validity.
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Handling of the cancellation of the company's official seal:
1. According to Article 24 of the "Provisions on the Management of the Seals of State Administrative Organs and Social Organizations of Enterprises and Institutions":
If the seals of state administrative organs, enterprises, public institutions, and social organizations cease to be used due to the revocation of the unit, the change of name, or the use of a new seal, they shall be promptly sent to the seal issuing organ for sealing or destruction, or shall be disposed of in accordance with the provisions separately formulated by the Ministry of Public Security in conjunction with relevant departments. ”
2. For a company established in accordance with the "Company Law", after the company is deregistered, the seal is not **, and the shareholders will dispose of it themselves. If it is a non-corporate enterprise legal person, the seal shall be returned to the industrial and commercial department when handling the cancellation.
3. The company shall submit relevant documents to apply for cancellation of registration.
4. Before the company is deregistered, it is necessary to do liquidation first, which is a legal procedure, and when the company is deregistered, it must be liquidated for property. The act of self-termination without liquidation has no legal effect and is not protected by law.
5. After cleaning up 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.
6. For non-corporate enterprise legal persons, the seal shall be returned to the industrial and commercial department when handling the cancellation. When the use of the seal is stopped due to the revocation of the unit, the change of name, or the replacement of a new seal, it shall be promptly sent to the seal issuing organ for sealing or destruction, or it shall be handled in accordance with the provisions separately formulated by the Ministry of Public Security in conjunction with the relevant departments.
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After the company is deregistered, the official seal does not need to be returned, and the shareholders will handle it themselves. Zhiqi.
For non-corporate enterprise legal persons, the seal shall be returned to the industrial and commercial department when handling the cancellation. Before the company is deregistered, the company needs to be liquidated, and only after the completion can you go to the industrial and commercial bureau to collect the local tax and national tax** to start the cancellation procedures.
The process of deregistration of the company is as follows:
1. If a liquidation group is established in accordance with the law, and a liquidation group is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation;
2. Announce and notify creditors to declare their creditor's rights, and register their creditor's rights in accordance with the law;
3. The liquidation team takes over the company and liquidates the work;
4. The liquidation team comprehensively cleans up the company's property, prepares the balance sheet and property list;
5. The liquidation group formulates a liquidation plan and reports it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation;
6. Distribute the company's property according to the liquidation plan confirmed by the shareholders' meeting, the general meeting of shareholders or the people's court;
7. Prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, apply for cancellation of the company's registration, and announce the termination of the company.
Legal basis] *** Provisions on the Management of the Seals of State Administrative Organs, Enterprises, Institutions and Social Organizations
Article 24 If the seals of state administrative organs, enterprises, public institutions, and social organizations cease to be used due to the revocation of the unit, the change of name, or the use of a new seal, they shall be promptly sent to the organ that makes and issue the seals for sealing or destruction, or they shall be handled in accordance with the regulations separately formulated by the Ministry of Public Security in conjunction with the relevant departments.
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Legal analysis: After the company is deregistered, the seal is not **, and the shareholders will deal with it themselves. For non-corporate enterprise legal persons, the seal shall be returned to the industrial and commercial department when handling the cancellation.
1. If the person using the official seal is an internal person of the company (or a person related to the company), then for the other party to the contract, as a bona fide third party, does not know that the official seal has been cancelled, then even if the official seal is really cancelled, the use of the official seal constitutes a superficial appearance, and the contract is valid. Your company must bear the corresponding civil liability; 2. If the person using the official seal has nothing to do with the company, such as the official seal is stolen, then this involves an illegal act (and may even constitute a criminal offense), then the contract is invalid.
Legal basis: Article 24 of the "Provisions on the Management of the Seals of State Administrative Organs, Enterprises, Institutions and Social Organizations" Article 24 If the seals of state administrative organs, enterprises, public institutions, and social organizations cease to be used due to the cancellation of the unit, the change of name, or the replacement of new seals, they shall be promptly sent to the seal issuing organ for sealing or destruction, or shall be handled in accordance with the provisions separately formulated by the Ministry of Public Security in conjunction with relevant departments.
Article 15 of the Measures for the Administration of Public Security of Seals After the use of seals is stopped, the user unit shall return all seals to the competent department at a higher level or the registration management authority for sealing within 10 days; and where it is not submitted within the time limit, it shall be collected by the competent department at the level above or the registration management organ.
The competent department at a higher level or the registration management organ shall register and make a register of the seals that have been returned and confiscated, and send them to the public security organ that has filed or approved the engraving within 10 days. Roll the noise.
The public security organs are required to store the returned and confiscated seals for two years, and if there are no special circumstances, they are to be destroyed after the period of pre-storage is completed.
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Analysis of the law: The legal effect of canceling the company's seal should be cancelled by the public security organ where the company's seal is registered.
Documents required for cancellation of seal:
1. Notice of Approval of Cancellation of Registration;
2. The original engraved seal registration card;
3. A copy of the ID card of the legal representative;
4. Specify a power of attorney;
5. The original and photocopy of the ID card of the person in charge;
6. The official seal, financial seal and other seals that have been filed with the Public Security Bureau.
Note: For non-corporate enterprises such as partnerships, the seal needs to be handed over to the industrial and commercial department at the same time when the business license is cancelled, and the cancellation of the seal of the company is the legal effect of canceling the company's seal.
Legal basis: Article 188 of the Company Law of the People's Republic of China After the liquidation of the company is completed, 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's Dengmeng Ruji organ to apply for cancellation of the company's registration and announce the termination of the company.
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Legal analysis: If it is a non-corporate enterprise legal person, the seal shall be returned to the industrial and commercial department when handling the cancellation.
Legal basis: Company Law of the People's Republic of China
Article 179 Where a company is merged or divided, and there is a change in the registration items, it 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.
If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.
Article 180 The company is 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) The business license has been revoked, ordered to be closed or delayed, or revoked in accordance with law;
5) The people's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
Article 181 Where a company falls under the circumstances set forth in item (1) of Article 180 of this Law, it may continue to exist by amending its articles of association.
In accordance with the provisions of the preceding paragraph, the amendment of the articles of association of the limited liability company shall be approved by the shareholders holding more than two-thirds of the voting rights, and the shares shall be approved by more than two-thirds of the voting rights held by the shareholders attending the general meeting of shareholders.
Article 182 Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause major damage to the interests of shareholders and cannot be resolved through 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.
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To log out. The legal effect of canceling the company seal should be cancelled by the public security organ where the company seal is registered. Unincorporated enterprises such as partnerships, when applying for the cancellation of business licenses, it is necessary to hand over the seal to the industrial and commercial department at the same time.
Information required for cancellation of seal: 1. Notice of Approval of Cancellation of Registration; 2. The original engraved seal registration card; 3. A copy of the ID card of the legal representative; 4. Specify a power of attorney; 5. The original and photocopy of the ID card of the person in charge; 6. The official seal, financial seal and other seals that have been filed with the Public Security Bureau. Note:
For non-corporate enterprises, such as partnerships, the seal needs to be handed over to the industrial and commercial department at the same time when the business license is cancelled, and the cancellation of the seal of the company enterprise is the legal effect of canceling the company's seal, and the seal can be kept or destroyed by itself.
Provisions on the Seals of State Administrative Organs, Enterprises, and Public Institutions (4) (1) The organs that produce and issue seals must strengthen the management of the engraving and sending of seals, and strictly keep them buried by hand. The factory or engraving company that engages the seal must obtain a power of attorney from the superior of the unit that uses the seal and the permission of the public security department before it can be engraved. Those who forge seals and use forged seals shall be punished in accordance with law.
2) Each unit shall strictly manage the seal, and the use of the seal must be approved by the leader of the unit. For the illegal use of seals, according to the circumstances of the administrative sanction of Tongdong until punishment according to law. (3) If the seal of each unit ceases to be used due to changes in the organization, the original seal shall be returned to the issuing organ for sealing or destruction.
5. If the provisions on seals in the past are inconsistent with these regulations, these regulations shall prevail.
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