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First of all, the abnormality must be lifted first, otherwise the company cannot be cancelled under the abnormal state. The specific causes of the abnormality and how to remove it are as follows.
Exceptions include industrial and commercial abnormalities and tax exceptions.
Industrial and commercial abnormalities, depending on the address or annual report, correspondingly go to reapply and apply for abnormalities.
Tax abnormality, generally not on time to declare the tax, at this time to go to the tax supervisor to communicate, pay the corresponding fines, make up the previous tax, you can apply to pull out the abnormality.
There is also a kind of revocation that has not been deregistered, and the company in this case can only choose to deregister, and can no longer operate normally.
Expanded content: According to the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations, formulated by the State Administration for Industry and Commerce, the four types of situations on the list of abnormal business operations are as follows:
1.Failure to disclose the annual report within the time limit provided for in Article 8 of the Regulations, that is, the enterprise fails to submit the annual report of the previous year to the industrial and commercial department from January 1 to June 30 of each year, and to publicize it to the public through the enterprise credit information publicity system;
2.Failure to disclose information on enterprises within the time limit for ordering in accordance with Article 10 of the Regulations, that is, the enterprise fails to disclose the real-time information it should disclose to the public through the publicity system within 20 working days from the date on which the information is formed, nor within the time limit ordered by the industrial and commercial department;
3.Concealing the true situation or falsifying enterprise information by publicizing enterprise information;
4.It is not possible to contact through the registered address (place of business).
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1. Why is the company included in the list of abnormal business operations, and how should it be removed?
2. What is the impact of being included in the list of abnormal business operations on enterprises?
There is no doubt that there must be a problem with the company, and there is no reason for the good industrial and commercial bureau to do anything! So how should we request a removal?
Under what circumstances will it be included in the anomaly list, and how should it be removed?
1. Enterprises that fail to submit annual reports in accordance with the regulations, and enterprises established before December 31, 2017 of the previous year, must publicize their annual reports before June 30, 2017.
2. Enterprises that fail to perform their obligations of immediate information disclosure in accordance with regulations shall first perform their information disclosure obligations and then apply to the industrial and commercial departments for removal from the list of abnormal business operations;
3. If the information of the public enterprise conceals the true situation and falsifies, the information should be corrected, and then apply to the industrial and commercial department to remove it from the list of abnormal operations. In addition, if you focus on the target of spot checks, you will also send someone to check your company's registered address, but you can't verify it, or you have moved away and have not changed it in time; It will also go directly to the anomaly list. Applicants may apply for removal from the list of abnormal business operations if they have changed their domicile or business premises in accordance with law, or if they submit that they can be contacted again through the registered domicile or business premises.
What are the impacts of inclusion on the anomaly list?
Inclusion in the list of abnormal business records will accompany "life", although the list of abnormal business operations can be removed, but the image of the enterprise will always have this record.
**Departments carry out joint credit disciplinary action.
Restrictions on daily business activities, loans, guarantees, insurance, etc.
E-commerce platforms with questionable credit refuse to settle in.
Included in the list of enterprises with serious violations for three years.
The appointment of the responsible person of the enterprise will be restricted.
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If an enterprise is dismantled and included in the list of abnormal business operations, the company's conduct shall be corrected based on the reasons for the inclusion in the list. Article 28 of the Regulations on the Administration of Registration of Enterprise Legal Persons stipulates that the competent registration authority shall perform the following supervision and management duties for enterprise legal persons in accordance with the law: (1) Supervise the enterprise legal person to handle the opening, alteration and cancellation of registration in accordance with the regulations; (2) Supervise enterprise legal persons to engage in business activities in accordance with registration matters, articles of association and contracts; (3) Supervise the compliance of enterprise legal persons and legal representatives with national laws, regulations and policies; (4) Stop and investigate the illegal business activities of enterprise legal persons, and protect the legitimate rights and interests of enterprise legal persons.
Article 30 stipulates that when dealing with the illegal activities of an enterprise legal person, the competent registration authority must ascertain the facts, handle the matter in accordance with the law, and notify the parties concerned in writing of the decision.
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In the process of company operation, I believe that many enterprises will be listed in the abnormal list due to poor management, so the following is an introduction to how the company needs to be removed after being included in the abnormal list. Generally speaking, there are three reasons for being listed as an anomaly (taking Guangzhou as an example): 1
There is no on-site investigation (this is a more common reason) because sometimes the company has changed its address, but the business license has not been changed, so the original address can no longer register the company, so the property or landlord will report to the industrial and commercial administrative department, and then your company will be included in the abnormal list, or the industrial and commercial office will randomly check and find that your company is not the address on the business license. 2.Failure to publicize the annual report at the specified time, which generally has an accountant to do digging and writing off the account, will not appear, can only be the result of your company registered after not to manage, let it go, this is more serious, will involve fines, if the annual report is not done due to the company's abnormality, should be dealt with as soon as possible, because the longer the delay, the higher the fine, of course, the fine is too high can also choose to cancel the company.
3.The probability of being complained and reported generally appears in e-commerce companies is relatively large, some are complaints and reports on the quality of products within a normal and reasonable range, and some are done by professional anti-counterfeiters, the purpose is to make money, but if you.
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Legal analysis: If an enterprise is included in the list of abnormal business operations, it should correct the company's behavior according to the reasons for the inclusion in the list.
Conduct that may include enterprises in the list of abnormal business operations: The administrative departments for industry and commerce at the county level or above shall include enterprises in the list of abnormal business operations in any of the following circumstances:
1) Failure to disclose the annual report within the time limit provided for in Article 8 of the "Interim Regulations on the Disclosure of Enterprise Information";
2) Failure to disclose relevant enterprise information within the time limit ordered by the administrative department for industry and commerce in accordance with article 10 of the "Interim Regulations on the Disclosure of Enterprise Information";
3) Concealing the true situation or falsifying enterprise information by displaying enterprise information;
4) It is impossible to contact through the registered domicile or place of business.
Legal basis: Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations
Article 10: Where enterprises entered into the directory of irregular business operations perform their disclosure obligations in accordance with the provisions of the "Interim Regulations on the Disclosure of Enterprise Information" within 3 years of being listed, they may apply to the administrative department for industry and commerce that made the decision to be removed from the directory of irregular business operations.
Where the administrative departments for industry and commerce remove enterprises from the directory of abnormal business operations in accordance with the provisions of the preceding paragraph, they shall make a decision to remove them and announce it through the enterprise credit information public slag display system. The decision to remove shall include the name of the enterprise, registration number, date of removal, the reason for removal, and the organ that made the decision.
Article 11: Enterprises that are entered into the directory of irregular business operations in accordance with article 6 of these Measures may apply to be removed from the directory after supplementing the annual report for the year that has not been reported and making it public, and the administrative departments for industry and commerce shall make a decision to remove them within 5 working days of receiving the application.
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1. Enter the Xiechuang network (formerly China Industrial and Commercial Registration Network). 2. After entering, select the city or province site to which your enterprise belongs. 3. Enter the annual report system of industrial and commercial enterprises.
IV. Guidelines for Entering and Removing from the List of Abnormal Business Operations. 5. Check the reasons for the exceptions, there are four kinds of exceptions, and select the corresponding ones. 6. The annual report for the year of the failure to declare within the time limit and the handling of other abnormal reasons such as abnormal addresses are explained above.
7. Application Form for Removal of Enterprises from the List of Abnormal Business Operations. 8. Bring the "Application Form for Removal of Enterprises from the List of Abnormal Business Operations" and the supporting materials for removal from the List of Abnormal Business Operations, and explain what supporting materials are required, and the required materials are different for different abnormal reasons. 9. Bring the above information to the hall of the industrial and commercial bureau of the enterprise to submit the application.
Wait for review. 10. The industrial and commercial bureau shall make a decision to remove the information within 5 working days after receiving the information, and restore the normal record status. Where it is accepted, it shall be verified within 20 working days, and the applicant shall be informed in writing of the verification results.
If it is not accepted, the applicant shall be informed in writing of the reasons for the inadmissibility.
Legal basisArticle 7 of the Company Law shall issue a business license to a company established in accordance with the law by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company. The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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According to the "Measures for the Management of the List of Abnormal Business Operations":
Article 9: [Circumstances of Removal]Where the reasons for an enterprise being entered into the directory of abnormal business operations disappear within 3 years of the date of entry, they may apply to the administrative department for industry and commerce that made the decision to enter it to restore the normal state of entry.
Where an enterprise is deregistered within 3 years from the date on which it is entered into the list of abnormal business operations, it shall be removed within 7 days from the date of deregistration.
Where the administrative departments for industry and commerce remove enterprises from the directory of abnormal business operations in accordance with the first paragraph of this article, they shall make a decision to remove them and announce it in the enterprise credit information publicity system. The decision to remove shall include the enterprise name, registration number, date of removal, and reason for removal.
Article 10: [Procedures for Removal of Annual Reports in Accordance with Regulations] Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 6 of these Measures applies to restore the normal record status, after the annual report for the year not reported is supplemented and publicized, the administrative department for industry and commerce shall make a decision to remove it within 7 days from the date of the announcement, and restore the normal record status.
Article 11: [Procedures for Immediate Announcement and Removal in Accordance with Regulations]Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 7 of these Measures applies for restoration of the normal recording status after performing the disclosure obligation, the administrative department for industry and commerce shall make a removal decision within 7 days of the date of the announcement, and restore the normal recording status.
Article 12: [Procedures for Removal of Domicile (Business Premises)] Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 8 of these Measures goes through the registration of a change of domicile (business premises) in accordance with law, or the enterprise proposes that it can be contacted again through the registered domicile (business premises) and applies for a restoration of the normal recorded status, the administrative department for industry and commerce shall make a decision to remove it within 7 days of the date of verification and restore the normal recorded status.
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