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Yes, the business license is a certificate for the market entity to legally open and operate, and the revocation of the business license means that the market entity has been subject to administrative penalties, has lost its business qualifications, and can only go through the cancellation procedure to withdraw from the market. The revoked business license is actually equivalent to invalidation, and it is necessary to obtain a new business license in accordance with the process of replacing the lost business license, and then go through the procedures for deregistration of the company.
The general process of deregistration of a company is as follows:
1. Liquidation of the company's assets.
2. Handle tax cancellation.
3. Handle industrial and commercial cancellation.
4. Cancel the bank corporate account.
5. Cancel the company's seal.
6. Cancel the company's social security account.
7. Cancel the business license.
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It is necessary to carry out liquidation and deregistration, because the revocation only loses the qualification to engage in business activities, but the qualification as the subject of civil relations still exists, and the deregistration must be handled.
After the revocation, the enterprise loses its right to operate, but it still has the qualification to be the subject and can still become the subject of litigation and other matters. When the cancellation procedure is completed, the qualification of the entity will disappear.
There is a difference between a company deregistration and a company revocation. Company deregistration is a normal registration procedure for enterprises to go through with the industrial and commercial bureau when matters that need to be deregistered occur. The revocation of the company's business license is a punitive measure imposed by the industrial and commercial bureau for violating the provisions of the law; When the business license is revoked, the enterprise is still required to complete the cancellation procedures.
The differences between the two are as follows:
1. The form of expression is different. The cancellation of an enterprise legal person is a registration act in which an enterprise applies to the competent authority of the registration machine for the termination of market economic activities and civil relations through written materials and submission of relevant documents and certificates, and is a proper term in the registration management of enterprises. The revocation of a business license is an administrative penalty imposed by the administrative organ for industry and commerce on the illegal acts of an enterprise in accordance with its administrative powers, and should be regarded as an administrative act of the administrative organ.
The two should not be confused.
2. Different law enforcement procedures. The deregistration of an enterprise legal person is terminated by the competent registration authority in accordance with a set of registration procedures, such as acceptance, examination, approval, issuance of a cancellation approval letter to the enterprise, and filing. The revocation of a business license refers to the ability of the administrative organ for industry and commerce to deprive an enterprise of its business behavior based on the facts of the violation, through law enforcement procedures such as filing a case, investigating and collecting evidence, reviewing the case, holding a hearing, serving a penalty decision, announcing and filing.
3. The behavioral results are different. The deregistration of the enterprise legal person indicates that the enterprise has completed its creditor's rights, liquidated debts, or civil litigation caused by civil relations, and the enterprise has achieved extinction in a real sense. The enterprise whose business license has been revoked indicates that the enterprise has been forcibly deprived of its business qualification due to violating the law, and shall be liquidated in accordance with the law, and the registration shall be cancelled after the liquidation is completed.
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The business license was revoked, which means that the company is not allowed to continue to operate.
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Revocation is an act of forcibly terminating the right to operate an enterprise by the Administration for Industry and Commerce. The company still exists until it is deregistered after revocation, but it is not allowed to carry out business operations.
Article 21 of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons An enterprise legal person shall submit a report on the application for cancellation of registration signed by the legal representative, an approval document issued by the competent department or an examination and approval authority, a certificate of completion of the liquidation of debts, or a document that the liquidation organization is responsible for liquidating the creditor's rights and debts. After approval by the competent registration authority, the copy of the Business License of Enterprise Legal Person and the Business License of Enterprise Legal Person shall be confiscated, the official seal shall be confiscated, and the bank shall be informed of the cancellation of registration.
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Legal analysis: 1. Liquidation of intellectual branches for the record. The company has been revoked by the license, has lost the qualification of the main business entity, shares or **** need to hold a general meeting of shareholders to decide to cancel.
Then set up a liquidation group, deal with the company's claims and debts clearly, and submit the liquidation report and cancellation application, together with a copy of the company's business license, shareholder agreement and other materials, to the industrial and commercial department for the record. The industrial and commercial department will generally complete the filing within 5 working days. 2. Announcement.
Publish cancellation announcements in newspapers and periodicals approved by the industrial and commercial departments, and inform the public of the cancellation decision. The date of publication must not be less than 45 days. 3. Tax write-off.
After the announcement period, bring a copy of the company's business license, tax registration, shareholder ID card, invoice, tax controller and other materials to the tax department to go through the tax cancellation procedures. 4. Cancellation of industry and commerce. After the tax cancellation, bring the cancellation certificate and a copy of the company's business license, the resolution of the shareholders' meeting, the liquidation report, and the company's official seal to the industrial and commercial window of the government affairs hall to go through the cancellation procedures.
5. Cancellation of organizational structure. Bring the business license cancellation certificate of the industrial and commercial department to the quality supervision department for the cancellation of the organization ** certificate. Now the business license is three in one, and when many local industrial and commercial bureaus cancel it, the organization certificate is also cancelled.
6. Cancellation of the official seal. After the company is deregistered, the official seal no longer has legal effect. However, in order to avoid unnecessary troubles in the future, it is better to cancel the company's official seal.
Legal basis: Article 188 of the Company Law of the People's Republic of China After the liquidation of a 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 registration authority to apply for cancellation of the company registration and announce the termination of the company.
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Reason for revocation: suspension of business for 6 months +, illegal acts, illegal registration, revocation is the most severe administrative punishment made for illegal enterprises, and it cannot be recovered after revocation, only revocation and cancellation.
At present, the industry is more authoritative: run the government through the national cancellation, Alipay home page search: run the government pass, can cancel the self-service verification price, enter the name and registration information of the enterprise quickly, and specifically do revocation and cancellation.
The impact and harm of non-splitting cancellation: late fees, inability to serve as an executive, blacklisting for the reason, credit stains, children's schooling, inability to take out loans and immigration, inability to spend high, etc. Please treat it with caution!
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After the company is revoked, it can also be deregistered, and it must be deregistered. The cancellation notice must first go to the industrial and commercial bureau to apply for settlement. Then the national tax and local tax and other related taxes are treated with slag and the tax payment certificate is obtained.
After the liquidation of the company's assets is completed, you can go to the industrial and commercial bureau again to cancel it.
1. Can the company be cancelled if it is revoked?
Still. After the company is revoked, it can not only be deregistered, but it must be deregistered.
According to the law, in any of the following circumstances, the liquidation group of the company shall apply to the original company registration authority for cancellation of registration within 30 days from the date of the completion of the company's liquidation:
1) The company is declared bankrupt in accordance with the law;
2) 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, except where the company exists by amending the articles of association;
3) The resolution of the shareholders' meeting or the general meeting of shareholders to dissolve or the resolution of the shareholders of a one-person limited liability company or the board of directors of a foreign-invested company to dissolve;
4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;
5) The people's court is to be dissolved in accordance with law;
6) Other circumstances of dissolution as provided for by laws and administrative regulations.
2. What are the procedures for the company to be deregistered?
After the company ceases production and business and loses its operating capacity, the company can only be extinguished in a legal sense after going through the legal liquidation and cancellation procedures, and the company and the liquidation entity with liquidation responsibility can be exempted from relevant legal liabilities.
1) The company makes a resolution to dissolve. The shareholders' meeting of the company makes a resolution to dissolve the company, and the resolution must be passed by shareholders representing more than two-thirds of the voting rights. A liquidation group was established 15 days after the shareholders' meeting made a resolution to dissolve the company.
Within 10 days from the date of commencement of liquidation, the registration authority, the tax department, the labor department and the opening bank shall be notified in writing.
2) Apply to the industrial and commercial bureau for liquidation. First of all, the Administration for Industry and Commerce receives the "Liquidation Guide", "Liquidation Report Writing Format", "Liquidation Filing Application", etc., and handles the filing of the liquidation group; secondly, the liquidation announcement is published in newspapers and periodicals approved by the Bureau; Thirdly, make a balance sheet and a list of assets on the date of commencement of liquidation.
3) Applying for tax payment certificates for national and local taxes.
4) Complete the liquidation and distribution plan. First of all, three months after the liquidation announcement, the balance sheet and property list on the liquidation end date are prepared; secondly, make a liquidation and distribution plan; Thirdly, the liquidation team shall prepare the liquidation report, the income and expenditure statement during the liquidation period and various financial account books, and submit them to the shareholders for confirmation.
5) Go to the industrial and commercial department to cancel the registration. Registration is a prerequisite for the establishment and extinction of a company's legal personality, and after the liquidation procedure is completed, the company's claims and debts will only be extinguished if the deregistration is carried out.
After the company is revoked by the relevant departments, it must go through the cancellation procedures. Going through the deregistration procedure requires the company's assets and related taxes to be treated. If there is a fine, you need to pay the fine, and only after the processing is completed, can you go to the industrial and commercial bureau to formally deregister the company.
Only when the company officially cancels the subject qualification will be extinguished.
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OK. Steps to cancel the business license after the revocation (the license can also be lost**): 1. The industry and commerce submit the company liquidation group for the record (5 working days after accepting the application).
2. Cancellation of the announcement (45 days of publicity). 3. Cancellation of local tax (no special matters, 30 working days after accepting the application). 4. Cancellation of national tax (no special matters, 30 working days after accepting the application).
Note: Enterprise income tax The national tax should be cancelled first, and then the local tax should be cancelled. 5. Cancellation of industrial and commercial registration (5 working days after accepting the application).
6. Cancel the bank account (5 working days after the application is accepted). Chapter VII of the Regulations of the People's Republic of China on the Administration of the Registration of Enterprise Legal Persons Article 20 An enterprise legal person whose business is suspended, revoked, declared bankrupt, or terminated for other reasons shall go through the process of deregistration with the competent registration authority. Article 21 When going through the process of deregistration, an enterprise legal person shall submit a report on the application for deregistration signed by the legal representative, an approval document issued by the competent department or an examination and approval organ, a certificate of completion of the liquidation of debts, or a document in which the liquidation organization is responsible for clearing up the creditor's rights and debts.
After approval by the competent registration authority, the copy of the "Business License for Enterprise Legal Person" and "Business License for Enterprise Legal Person" shall be confiscated, and the official limb seal shall be confiscated, and the bank shall be informed of the cancellation of registration. Article 22 After receiving the "Business License for Enterprise Legal Person," if an enterprise legal person has not carried out business activities for six months or has ceased business activities for one year, it shall be deemed to have ceased business, and the competent registration authority shall collect and confiscate copies of the "Business License for Enterprise Legal Person" and "Business License for Enterprise Legal Person," confiscate the official seal, and inform the bank where the registration is cancelled.
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After being revoked, it can only be deregistered, and cannot be restored. After the cancellation formalities are carried out after the business license is revoked, a liquidation and prudent group shall be established to carry out liquidation, a balance sheet and a list of assets shall be prepared as soon as possible, and a plan for the distribution of assets shall be formulated and distributed. According to the relevant laws and regulations, it is very troublesome after liquidation according to law.
It is recommended to search in Alipay or WeChat: run the government, mainly because the service is good, professional, the cancellation time is relatively fast, and the outside is chaotic**, some agency agencies will not operate these operations at all, you can self-check the price, fill in the company information on the land model Alipay, you can come out of the basic cost, more transparent, mainly reliable, rest assured.
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How to cancel the company's business license after it is revoked, welcome to follow, like, please send a private message for business handling The revocation of the company's business license is generally a very serious matter, and the revocation of the business license cannot be restored, and it cannot be used within three years, so you need to be careful when operating and do not violate the rules How to cancel the company's business license after it is revoked? 1. The liquidation of the company has been revoked and has lost its qualification as a business entity, and the shares or shares need to be cancelled by a general meeting of shareholders. Then set up a liquidation group, handle the company's claims and debts clearly, and submit the liquidation report and cancellation application, together with a copy of the company's business license, shareholder agreement and other materials, to the industrial and commercial department for liquidation filing.
The industrial and commercial department will generally complete the filing within 5 working days. 2. The announcement shall publish the cancellation announcement in the newspapers and periodicals approved by the industrial and commercial department, and inform the society of the cancellation decision. The date of publication must not be less than 45 days.
3. After the announcement period of tax cancellation, bring a copy of the company's business license, tax registration, shareholder ID card, invoice, tax controller and other materials to the tax department to go through the tax cancellation procedures. The procedure for cancellation is to first cancel the unused invoices, cancel the tax controller, and then conduct a tax inspection to clear the outstanding taxes, and then you can write off. 4. After the industrial and commercial cancellation is handled for tax cancellation, bring the cancellation certificate and a copy of the company's business license, the resolution of the shareholders' meeting, the liquidation report, and the company's official seal to the industrial and commercial window of the government affairs hall to go through the cancellation procedures.
The cancellation of industry and commerce can be completed within 5 working days. If the handling personnel handle it, a power of attorney of the company's legal person is required. 5. Cancellation of the organization shall carry the cancellation certificate of the business license of the industrial and commercial department to the quality supervision department for the cancellation of the first certificate of the organization.
6. After the cancellation of the official seal, the official seal no longer has legal effect. However, in order to avoid unnecessary troubles in the future, it is better to cancel the company's official seal. The procedures for handling are: the receipt of cancellation of the ** certificate of taxation, industry and commerce, and organization shall be handled at the public security window of the original record of the government affairs hall, and the official seal, legal person, financial and other seals shall be cancelled and recovered.
If it is an unincorporated enterprise, when handling the cancellation of industry and commerce, you can directly withdraw the official seal What information does the company need for deregistration? 1. Application for cancellation of registration signed by the person in charge of the company's liquidation organization? 2. The application for cancellation of registration of the company signed by the legal representative of the company
3. The bankruptcy ruling of the court, the documents ordered by the Zheng Nianzheng authorities to close down or the resolutions or decisions made by the company in accordance with the Company Law (if any) 4. The liquidation report confirmed by the shareholders' meeting or relevant authorities5. Tax clearance certificate issued by the tax bureau (document given by the tax bureau after the cancellation of national tax).6. Other documents that shall be submitted according to laws and administrative regulations
7. The original and copy of the company's business license are in trouble8. Official seal, financial seal, invoice seal, private seal 9, bank account opening license, institutional credit certificate, seal card 10, copy of ID card of legal person and shareholder 11, golden tax disk 12, remaining invoice 13, shareholder digital certificate (electronic signature required for the filing of the liquidation group of Shenzhen company) 14, newspaper filed by the liquidation group (valid after 45 days).
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