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An unlisted enterprise that exists in the form of a group company or parent company after the enterprise has undergone restructuring and reorganization is called a surviving enterprise.
You can check the status of the enterprise in Tianyancha, and the method is very simple:
Enter the name of the enterprise, and the home page displays the status of the enterprise such as the existence, operation, and cancellation of the enterprise, so as to facilitate timely understanding of the enterprise information.
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Legal analysis: The duration of an enterprise refers to the period of time during which an enterprise establishes a business period and continues to exist and operate normally in accordance with the provisions of the articles of association and the Company Law of the People's Republic of China. The existence of the enterprise means that it is still in normal operation.
If the duration has expired and the enterprise has not announced in advance to continue to extend the duration, it is necessary to pay attention, which means that the operation of the enterprise is about to end.
Legal basis: Article 180 of the Company Law of the People's Republic of China is the cause of the dissolution of the company.
The company was 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) Due to the merger or division of the company, it is necessary to clear the spine;
4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;
5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
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1. What does it mean to have a good existence?
1. The existence of the company means that the company is in a state of legal and continuous operation and has not been cancelled or revoked by the relevant administrative units. The business status is generally divided into eight types, existing, in business, revoked, deregistered, moving in, moving out, suspending business, and liquidating.
2. Legal basis: Article 174 of the Company Law of the People's Republic of China.
Succession of Creditor's Rights and Debts of the Company's Merger] When the company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving company or the newly established company after the merger.
Article 181.
Amendment of the Articles of Association] Where a company has any of the circumstances set forth in Article 180 (1) 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.
2. What is the difference between the company's existence and normal operation?
The differences between the existence and normal operation of a company are as follows:
1. The difference in business status. Normal business means that the enterprise is still in a normal state of business, and existence refers to the entity of the enterprise, although it still exists, but there is no business anymore.
2. The difference in production status. Normal business means that the enterprise still has normal production and business activities, but the enterprise in the state of existence is usually no longer producing. That is, normal operation belongs to the production type, and survival belongs to the non-production type.
3. The difference in operating profit. Enterprises in the normal business state will basically have the income brought by the operation, and the enterprises in the existing state have no business and no production, let alone income.
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Legal analysis: The existence of an enterprise refers to the existence and continuation of normal operation of the enterprise in accordance with the law, which is also known as opening, normal, and registration. Because there may be subtle differences in different provinces, generally in operation, normal, operation, in operation, effective, and in business also mean in business.
The business status is generally divided into eight types, existing, in business, revoked, deregistered, moving in, moving out, suspending business, and liquidating.
Legal basis: *** "Interim Regulations on the Disclosure of Enterprise Information" Article 8 Enterprises shall, from January 1 to June 30 of each year, submit to the administrative department for industry and commerce the annual report of the previous year through the enterprise credit information publicity system, and announce it to the public. Enterprises established and registered in the current year shall submit and publicize their annual reports from the following year.
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Legal analysis: The existence of a company refers to the fact that the company is still in a state of continuing to operate normally after the occurrence of classification, merger, etc.
Legal basis: Company Law of the People's Republic of China
Article 174 When a company is merged, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving company or the newly established company after the merger.
Article 181 Where a company has any of the circumstances set forth in Article 180 (1) of this Law, it may continue to exist by amending its articles of association. In accordance with the provisions of the preceding paragraph, the articles of association of the company shall be amended by the shareholders who hold more than two-thirds of the voting rights to sell the sale, 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.
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Legal analysis: The survival of the company, also known as the survival of the company, refers to the existence of the enterprise in accordance with the law and continues to operate normally.
It is also known as opening, normal, registration...Because of the differences in different provinces, generally in the camp, normal, business, in the camp in the register, effective, in the business in the register, do not know whether the meaning of the industry is missing. The current business status of Chinese companies is generally divided into eight types:
Existing, in business, revoked, deregistered, moving in, moving out, suspending business, liquidation. 1. The existence of the business state refers to the existence of the enterprise in accordance with the law and the continuation of normal operation.
It is also known as opening, normal, registration...2. The business status in business refers to: the enterprise starts production normally, and the new enterprise includes part of the production or trial operation.
Because there may be subtle differences in different provinces, generally in operation, normal, operation, in operation, effective, and in business also mean in business.
Legal basis: Article 8 of the Interim Regulations on the Disclosure of Enterprise Information: Enterprises shall submit their annual reports for the previous year to the administrative departments for industry and commerce through the enterprise credit information publicity system from January 1 to June 30 of each year, and announce it to the public.
Enterprises established and registered in the current year shall submit and publicize their annual reports from the following year.
Article 9 of the Interim Regulations on the Disclosure of Enterprise Information The content of an enterprise's annual report includes information such as the enterprise's mailing address, postal code, contact information, and e-mail address, as well as information on the existence status of the enterprise, such as the opening of the enterprise, closure of business, liquidation, etc., and the information on the investment and establishment of the enterprise and the purchase of equity.
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The existence of the enterprise means that the enterprise has been established and registered for more than 6 months and is in normal operation.
According to the "Interim Regulations on the Disclosure of Enterprise Information".
Article 8: Enterprises shall, from January 1 to June 30 of each year, submit a report on the annual noise and slippage of the previous year to the administrative department for industry and commerce through the enterprise credit information publicity system, and make it public to the public.
Enterprises that set up rubber registration in the current year shall submit and publicize their annual reports from the following year.
Article 9 The contents of an enterprise's annual report include information such as the enterprise's mailing address, postal code, contact information, and e-mail address, information on the status of the enterprise's opening, closure, liquidation, etc., and information on the enterprise's investment in the establishment of an enterprise and the purchase of equity.
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