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The following information is required for cancellation:
Before applying for deregistration, the company shall carry out the liquidation of the company, and after the liquidation of the company is completed, it can enter the application procedure for the cancellation of the company, and the company shall issue and prepare the following reports after liquidation and before the deregistration:
1. Application for cancellation of registration of the company signed by the person in charge of the liquidation group of the company or the legal representative of the company;
2. Application for Filing Confirmation for members of the liquidation group;
3. The bankruptcy ruling of the court, the document ordered by the administrative authority to close down or the resolution made by the company in accordance with the Company Law;
The limited liability company submits the resolution of the shareholders' meeting, and the shares **** submit the resolution of the shareholders' meeting. A limited liability company shall be signed by a shareholder representing more than two-thirds of the voting rights, and if the shareholder is a natural person, it shall be signed by himself/herself, and the shareholder other than a natural person shall affix the official seal; The shares **** shall be stamped with the official seal by the promoter representing more than two-thirds of the voting rights or signed and confirmed by the presiding officer of the general meeting of shareholders and the directors attending the meeting.
A wholly state-owned limited liability company submits documents to the investor or the investor's authorized department.
If the company registration is revoked by the company registration authority in accordance with the law due to violation of the relevant provisions of the Regulations on the Administration of Company Registration, the decision of the company registration authority to cancel the company's establishment registration shall be submitted.
4. Liquidation report confirmed by the shareholders' meeting or relevant authorities; ’
5. Newspaper samples of newspapers that publish cancellation announcements;
6. Other documents that shall be submitted according to laws and administrative regulations;
Wholly state-owned companies should also submit the decision of the State-owned assets supervision and administration agency, among them, the most important wholly state-owned companies identified by the people, should also be submitted to the approval documents of the people at the same level.
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The process of deregistering the company is complicated and the procedures are cumbersome, and it depends on the individual whether it is troublesome or not. The complete process of company cancellation is as follows: 1. Publication During the liquidation period of the company, it can be published and publicized, and it needs to be published in a newspaper approved by the local industrial and commercial bureau, and domestic enterprises only need to publish once, and foreign-funded enterprises need to report three times.
It is best to choose ** for publicity, and the cancellation announcement needs to be publicized for at least 45 days. 2. Cancellation of social security The Social Security Bureau will verify whether the company has any arrears. After passing, you will receive the "Social Security Cancellation Notice".
3. Cancellation of national and local taxes Within 15 days from the date of termination of the company, the company shall apply to the original tax registration authority for tax cancellation, first cancel the national tax, and then cancel the local tax. The Inland Revenue Department will check whether the company has paid the tax. After passing, you will receive the "Tax Cancellation Notice".
4. Go to the industrial and commercial bureau for the company to cancel the record After 45 days of publication, you can go to the industrial and commercial bureau where the company is registered to handle the company's cancellation of the record and cancel the company's business license. After passing, you will receive the "Notice of Approval of Cancellation of Registration" issued by the Industrial and Commercial Bureau. Note:
It is best not to fill in the date of many reports and wait for the "last minute" when the official process is completed, so as to avoid the wrong date and lead to all refills. In addition, for unincorporated 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. 5. Cancellation of bank account Go to the company's opening bank to cancel the company's account opening license and other accounts such as basic bank accounts.
6. Cancellation of the seal Finally, the legal effect of canceling the company's seal should be cancelled by the public security organ where the company's seal is registered. Article 188 of the Company Law After the liquidation of the company is completed, the liquidation team 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 company registration authority to apply for cancellation of the company's registration and announce the termination of the company.
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What should I do if the company can't survive?
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If the company can no longer operate, it can choose to transfer or deregister.
If there is no suitable transfer object, it is recommended to cancel directly, if you do not cancel for a long time, it will be monitored and revoked by the Industrial and Commercial Bureau, and the company will be monitored after monitoring, and the company will not be able to serve as a legal person and a supervisor in the future, and it will also have a credit impact on bank loans in the future, although the cancellation time will be longer than the registration of a company, your company has chosen to cancel and does not care about the cancellation time, so it is recommended to cancel to avoid problems in the future because there is no cancellation.
What happens if the company can't operate and is not deregistered?
First, if the company fails to go through the deregistration process after the closure of business, and there is no liquidation organization responsible for clearing the creditor's rights and debts, the company and the liquidation entity are the subject of joint litigation; After the company ceases down, although the company has gone through the cancellation of registration, but there is no liquidation organization responsible for clearing the creditor's rights and debts, the subject responsible for liquidation is the subject of litigation.
Therefore, only after the legal liquidation and deregistration procedures can the company be extinguished in the legal sense, and the company and the liquidation entity with liquidation responsibilities can be exempted from relevant legal liabilities.
Second, if the company is not deregistered normally and does not participate in the annual inspection of industry and commerce in accordance with the regulations, the business license will be revoked by the industrial and commercial bureau, and the legal representative and shareholders of the revoked company will be included in the monitoring blacklist by the industrial and commercial bureau, and the company will not be able to register again within three years; The bank's personal credit history will remain bad for seven years and will be subject to a fine; The tax policy is permanently included in the monitoring blacklist, and if the company is re-registered, it will be retroactively fined by the tax authorities.
Note: From a legal point of view, there are many laws and regulations that expressly stipulate the deregistration of a company, and generally speaking, if it falls under one of the following reasons, it should apply to the company registration authority for deregistration within 30 days from the date of the end of liquidation.
1. The company was declared bankrupt in accordance with the law;
2. When the business period specified in the articles of association expires or other reasons for dissolution specified in the articles of association of the company occur;
3. The shareholders' meeting resolves to dissolve;
4. The company is dissolved due to merger and division;
5. The company was ordered to close down in accordance with the law.
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If the company does not do it, it is recommended to deregister it as soon as possible. If the company is seriously illegally operated, or does not operate for more than six months, or is listed as a "serious illegal and untrustworthy enterprise" because of no annual report for three consecutive years, it will enter the industrial and commercial blacklist, and as the legal representative, it will not be able to open a company for three years.
If you don't want to spend money to cancel it, you can also choose to transfer it, and if you can't, you can cancel it again.
Features of the transfer of the company:
1. The transfer procedures can be completed within a few weeks;
2. You may get a transfer fee, which varies from company to company, generally several thousand yuan, and if the company has assets such as good brands, channels and qualification licenses, it will be higher.
There have always been companies on the market, such as financial institutions, industrial and commercial institutions, etc.
Features of company deregistration:
1. It takes several months to deregister the company;
2. To check the accounts, the tax bureau may require the payment of taxes or fines;
3. There are two kinds of deregistration companies, one is simple deregistration and the other is normal cancellation; Simple cancellation can be done by yourself, and the normal cancellation will cost at least 2,000 yuan or more, which will be used to set up a liquidation group, publish an announcement, etc.;
4. Bear limited liability within the scope of subscribed funds.
Conditions for deregistration of the company
1. The company was declared bankrupt in accordance with the law;
2. The expiration of the business period or other reasons for dissolution stipulated in the articles of association of the company;
3. The company is dissolved due to merger and division;
4. The company was ordered to close down in accordance with the law.
Company deregistration process
1. Company liquidation filing: submit to the liquidation group for the record and get the "Filing Notice".
2. Newspaper: Newspaper statement that the company is cancelled. After getting the filing notice, it must be reported within 60 days, otherwise it needs to be re-filed, and 45 days after the report can be reported to the market regulatory bureau to make a liquidation report.
3. Tax cancellation: go to the tax bureau for tax cancellation. Submit relevant information, bring the account book, official seal, business license, ID card of the operator, original ID card of the legal person, bank statement and other materials, and you will get the "Tax Clearance Certificate" after the cancellation is completed.
4. Cancellation of industry and commerce: After submitting the information, the Municipal Supervision Bureau will withdraw the business license, and get the "Cancellation Notice" after passing the review.
5. Bank cancellation: submit the cancellation information to the opening bank, and the bank will take back the U shield, bank card, etc. Generally, the presence of a legal person is required to cancel a bank account.
Now after the cancellation of industry and commerce and taxation, the seal has no legal effect, and the seal can be disregarded.
The time required for the deregistration of the company generally takes about 3 months. If there is a serious problem in the operation of the enterprise, it will take longer, for example, the company address is abnormal, and the exception needs to be solved before it can be cancelled, which needs to be calculated to solve the exception. It is very likely that it will take more than half a year to complete the deregistration of such a company with serious problems.
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If the company can't operate, it can generally be passedZero declaration, transfer, cancellationThese three ways can be processed, and you can choose the appropriate treatment method according to your own situation.
1. Zero declaration
It is suitable for companies that are not doing well for the time being and want to continue to develop in the future.
At this time, you can continue to maintain the company by making zero declarations on time, but pay attentionThere is a tax risk associated with long-term zero filing.
2. Assignment
IfI don't want to spend money on a company that doesn't run it, you can consider selling the company out.
These types of companies are relatively easy to transfer:The company is a general taxpayer, has been established for a long time, has various business licenses, and has trademarks that can be transferred together.
Note: The company to be transferredYou can't owe debts, you can't owe taxes, and you can't have administrative penalties that haven't been lifted
3. Cancellation
The company cannot be transferred out and really does not want to continue to operate, you can choose to deregister the company.
The deregistration of the company isCancel and delete all the original company's information and originals in the industrial and commercial bureau, tax bureau, bank, etcThe original company does not exist at all, and it will not leave a bad record for the corporate legal person and shareholders, and there will be no worries, and it will not affect the opening of a new company in the future.
The above three processing methods are provided to you. Whether or not to deregister an unsustainable company is a matter for you to decide.
Hope it helps!
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Financial penalties. If a company fails to commence business for more than six months without justifiable reasons after its establishment, or suspends business for more than six consecutive months after commencing business, the business license may be revoked by the company registration authority. For those who do not cancel normally in accordance with the law, the third year of non-annual inspection will be regarded as automatic revocation.
Company blacklist.
Enterprises that fail to be deregistered within the specified time will be blacklisted by the industrial and commercial departments, and it will be more troublesome for the enterprise to go to industry and commerce and taxation in the future.
Blacklist of legal entities.
The legal representative and shareholders of the revoked enterprise will be blacklisted by the Industrial and Commercial Bureau, and they will not be able to re-register the company in their own name within 3 years. The tax policy is permanently included in the monitoring blacklist, and if the company is re-registered, it will be retroactively fined by the tax authorities. The bank's personal credit history will remain bad for seven years and will be subject to a fine; Bad personal credit records will enter the credit information system, which will have an impact on my future bank loans, going abroad, etc.
Therefore, only after the legal liquidation and deregistration procedures can the company disappear in a legal sense, and the company and the liquidation entity with liquidation responsibility can be exempted from relevant legal liabilities. If there is an enterprise that does not particularly understand the company cancellation process, you can consult the company transfer and company cancellation, and transfer Min.com.
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If the registered company is not in operation, it should be deregistered in time. If you do not write off, you will incur unpaid taxes, late fees, and fines.
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The company still exists if it is not deregistered, and the tax and industrial fines are still paid according to the normal amount, and we did not understand the process at that time, so we directly found the financial company to handle it. The cancellation of our company is done in Alipay, and you can search for it in Alipay or WeChat applet. Lifelong satisfaction
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This should be judged by yourself.,Think about whether there is any other way.,I really don't want to do it and then log it out.。
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If the company really can't operate anymore and eventually goes through the process of bankruptcy, because you can also enjoy a certain amount of protection and avoid harm as much as possible if you file for bankruptcy.
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If the company is not in operation, it should go for cancellation in time. If you don't cancel it, you will be in arrears of taxes, late fees, and even fines.
Company deregistration process:
1. Establish a liquidation group in accordance with the law;
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.
The company's termination of operation and failure to go through the cancellation procedures in a timely manner will have the following impacts:
1. The legal representative and person in charge of the blacklisted enterprise cannot serve as the legal representative or person in charge of the new company;
2. The enterprise does not cancel according to the legal process, which increases the financial cost and increases the tax-related risk;
3. The legal representative and person in charge of the enterprise are unable to apply for passports, immigration, and exit from the country; Unable to consume in high-end places, take high-speed rail, airplanes, etc.;
4. The children of the legal representative and person in charge of the affected enterprise cannot apply for the civil service examination; affecting children's schooling; And you can't take out a loan to buy a house;
5. The company has entered the industrial and commercial credit blacklist, and all external bidding businesses of legal persons, shareholders and supervisors are restricted;
6. The company cannot be registered, which affects the financing and listing of the new company.
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