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The state has long clearly stipulated penalties for companies that do not deregister and do not file tax returns
Administrative penalties. 1 Paragraph 1 of Article 211 of the Company Law stipulates that "if a company fails to commence business for more than six months without justifiable reasons after its establishment, or if it ceases business for more than six consecutive months after commencement of business, its business license may be revoked by the company registration authority." ”
2 Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration provides that "if a company fails to commence business for more than 6 months without justifiable reasons after its establishment, or if it ceases business for more than 6 consecutive months after commencing business, its business license may be revoked by the company registration authority." ”
Company blacklist.
Enterprises that fail to be deregistered within the specified time will be blacklisted by the industrial and commercial department, and the enterprise will go through strict screening and review if it wants to go to industry and commerce and tax affairs in the future.
Blacklist of legal entities.
1. 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.
2 The tax department will be 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, in order to avoid unnecessary troubles, the company's cancellation should be strictly implemented in accordance with relevant regulations, and should not be slackened.
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At the same time, if the business license is not cancelled but revoked, its legal representative is not allowed to serve as the legal representative of other companies within five years, even if the industrial and commercial license has been done now, but if you know it in the future, you are still required to change. So the best thing you can do now is to go to the industrial and commercial bureau to change the legal representative and change your name to someone else's.
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You must first go to the tax bureau to apply for a tax payment certificate, and with this certificate, you can go to the industrial and commercial bureau to go through the cancellation procedures as follows: The cancellation of the business license shall be carried out simultaneously with the cancellation of tax registration. (Some areas need to cancel the tax registration and then cancel the license, depending on the local area) 1. Publish the report announcement, and apply for cancellation at the Industrial and Commercial Bureau after the announcement date (bring the newspaper).
When canceling the business license, the treatment of creditor's rights and debts must be submitted. After the cancellation of the business license, the cancellation of the ** certificate shall be handled with the cancellation approval document and the newspaper announcement. 2. The tax agent firm issues an audit report (enterprise cancellation) and provides all statements, vouchers, account books and bank statements.
3. Go to the State Taxation Bureau to collect the form with the audit report and go through the cancellation procedures (all invoices must be brought for verification) 4. After the national tax is accepted, receive the cancellation approval and go through the cancellation procedures at the local taxation bureau. Ibid. 4. Cancellation of labor and social security. Go to the Social Security Bureau to handle the reduction and suspension of insurance.
5. Handle the cancellation of the opening bank of the basic account of the enterprise with all the above cancellation approvals. If you have the means, you can find friends, or people who want to start a company but don't want to spend too much money, it is recommended that you transfer your license. (You can change the name of the business license or legal person, and the fee is very low).
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After a long time, it will be revoked, and you will not be able to apply for a business license in your name for three years.
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Legal Analysis: Yes. If the business license is not used and is not cancelled, it will have an impact.
If the business license is not cancelled, it will enter the industrial and commercial blacklist. If the business license is not reviewed for one year, the industrial and commercial bureau will automatically revoke the license and make the legal person and shareholders an abnormal blacklist. It cannot be used as a corporate legal person for three years.
A business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format is uniformly prescribed by the State Administration for Market Regulation. Its registration items are:
Name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. The business license is divided into original and copy, both of which have the same legal effect. The original shall be placed in a conspicuous position in the company's domicile or place of business, and the business license shall not be forged, altered, leased, lent or transferred.
Industrial and commercial enterprises or self-employed persons without a business license are not allowed to open business, and they are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements, and banks are not allowed to open accounts.
Legal basis: "Measures for the Administration of Registration of Individually-owned Industrial and Commercial Households" Article 16 The following documents shall be submitted to apply for cancellation of registration of individually-owned industrial and commercial households:
1) An application for cancellation of registration of an individually-owned business signed by the applicant;
2) The original and all copies of the business license of the individual industrial and commercial household;
3) Other documents required to be submitted by the State Administration for Industry and Commerce.
Derivative question: Do I need to cancel my business license?
You can do it yourself or ask for it. When handling the cancellation of the business license, you can go to the industrial and commercial bureau with the relevant materials to go through the formalities, or you can entrust other institutions to handle it on your behalf. If you entrust another agency to handle it on your behalf, you need to sign an entrustment contract with the entrusting agency, and you also need to provide the identity certificate of the client when you go to the industrial and commercial bureau to go through the formalities.
Business license cancellation process: 1. Set up a liquidation team to liquidate the company's internal assets; 2. Make a liquidation report; 3. Publish the cancellation announcement; 4. Cancellation of taxation, industry and commerce, etc. According to the provisions of the Company Law, 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 registration authority to apply for cancellation of the company registration and announce the termination of the company.
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You can cancel according to the normal cancellation process.
The basic registration in ** can only be canceled by going to the local district. If you can't go to handle it, you can entrust it**.
The process of deregistration is basically as follows:1The first district tax bureau cleared the tax and obtained the tax clearance certificate Hu Shuming.
2.Handle publicity. Generally, it is 25-45 natural days.
3.Cancel the business license.
4.Cancellation of bank accounts.
5.Destruction of seals trillions.
If the company fails to commence business for more than 6 months without justifiable reasons after registration, or ceases business for more than 6 consecutive months after commencing business, the business license shall be revoked by the company registration authority, and the company may apply for cancellation of registration after the cancellation of the business license.
Regulations of the People's Republic of China on the Administration of Company Registration
Article 42 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 completion of the company's liquidation:
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1. Go to the tax bureau to get ** first, fill in, sign, seal, pay the invoice and pay the tax according to the requirements of the tax bureau, it will take back the national tax registration certificate and give you a notice of cancellation of tax registration by the tax bureau.
2. Take two notices and cancel your bank account.
3. Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industrial and Commercial Bureau, and it will withdraw the business license. Empty congratulations (note that before the cancellation of industry and commerce, the cancellation announcement should be publicized three times on the **, and the sample should be given to the industrial and commercial bureau).
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If the company has not opened for more than 6 months without a legitimate reason after registration, or has ceased business for more than 6 consecutive months after opening, the business license shall be revoked by the company's registration authority, and the company may apply for cancellation of registration after the business license is cancelled.
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If the business license does not need to go through the cancellation procedures, it will not be automatically cancelled, and will only be revoked by the Industrial and Commercial Bureau. If it is revoked, not only will it be fined, but it will also have an impact on the legal person, and it may affect the integrity of the individual.
So if you don't want to run it, go and cancel it as soon as possible! If the business license is not used, it is indeed one aspect that needs to be cancelled, and if the business license is not cancelled, it may cause corresponding legal disputes if it is used by others. On the other hand, it may also affect your personal surname Zeng, if you don't go through the cancellation.
You will not be automatically logged out. It will only be revoked by the Administration for Industry and Commerce.
If it is revoked, not only will it be fined, but it will also have a certain impact on the legal person, so if it is not in business, it will be cancelled as soon as possible. So as not to get yourself in trouble. If the business license is not used, it must be cancelled, otherwise you will have to file taxes every month.
It will also affect the credit of the individual. When you log out. The Industrial and Commercial Bureau will make a public announcement, and there will be no disputes.
There is no other controversy. Give you a write-off after a few months. If the individual business is no longer in business, the individual is still recommended to go through the mobile phone or computer to go to the simple cancellation, as well as to the local industrial and commercial bureau approval hall to go through the cancellation procedures, after all, the license will not be used in the future, and the annual inspection is also required every year, if you forget the annual inspection for a long time, you will enter the problem household self-employed business license can no longer be used, and produce a certain amount of late declaration fine, for a long time not to deal with the case, not only the fine for their own personal credit will also be affected and restricted to varying degrees, Therefore, it is personally recommended that it is better to choose to cancel directly without a license.
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The business license does not need to be cancelled. The Company Law of the People's Republic of China clearly stipulates that if the company ceases business for more than six consecutive months after commencing business, the business license may be revoked by the company registration authority. Revocation is a means of punishment for violating laws, regulations or administrative provisions, and has a completely different meaning from the party's application for revocation on its own.
Moreover, there may be tax problems if the tax is not paid, which will affect the reputation of the legal representative, and the enterprise will also be included in the list of abnormal operations, affecting the company's reputation.
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3. The company's accounting vouchers, financial statements, industrial and commercial annual reports, tax annual inspections and other information over the years.
Hello, is there anything else you need my help with? If you have anything, I'll be happy to help you solve your problem.
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If your business license is not used, of course, you can cancel it, and you can go directly to the industrial and commercial bureau to cancel it, and you can bring your ID card.
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To cancel the business license of an individual industrial and commercial household, a company or a partnership, it is sufficient to go to the market supervision and administration bureau that issued the certificate. She wants to charge you, maybe the document itself is fake, and it cheats you out of money; Maybe it's true, she's the charge d'affaires and wants to collect money from you. Go to the government affairs hall and check it out.
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If you confirm that you are not going to open a business or have a business license, and it is no longer useful, then you can go to the local industrial and commercial department to cancel it.
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This should be able to be cancelled by going to the industrial and commercial bureau.
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You can go to the industrial and commercial bureau to cancel directly, but there is no need to cancel and put it in **.
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You don't have an impression of your cloud, you don't have an impression of this trick, you go to your relevant department, go and write it off, you don't need it, you just stay, but it doesn't matter if you don't log out, it doesn't seem to work very well, thank you, thank you for your question.
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Try to go to the industry and commerce to cancel it, otherwise you don't do the annual inspection, which will affect your personal credit.
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It is possible that the business license you applied for online is fake.
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You can cancel it, I haven't heard of the situation where a handling fee is charged, it may be that your friend is mistaken, you can go to the market administration bureau to ask.
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Call ** to ask the Industrial and Commercial Bureau for the standard.
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Overdue annual inspections will be included in the list or blacklist of abnormal business operations, which will affect the credit of legal persons.
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If the business license is not cancelled, the administrative department will revoke the business license, and the company can only be liquidated and can no longer carry out business activities. According to the relevant laws and regulations, if the company is no longer in operation, it shall be deregistered in a timely manner.
Article 44 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Registration of Market Entities: Where a market entity needs to be terminated due to dissolution, declared bankruptcy, or other statutory reasons, it shall apply to the registration authority for cancellation of registration in accordance with law. Where liquidation is required in accordance with law, an application for cancellation of registration shall be made within 30 days from the date on which the liquidation is completed. Article 45: Where market entities shall be liquidated in accordance with law before deregistration, the liquidation group shall announce the list of liquidation group members and responsible persons for the liquidation group through the national enterprise credit information publicity system within 10 days of its establishment.
The liquidation group may issue a creditor announcement through the national enterprise credit information publicity system. Article 46: The following materials shall be submitted to apply for cancellation of registration: (1) an application; (2) Resolutions or decisions on dissolution or cancellation made in accordance with law, or documents that have been revoked by administrative organs to revoke business licenses, order closure, or revocation; (3) The liquidation report, the documents responsible for the liquidation of creditor's rights and debts, or the proof of the completion of the liquidation of debts; (with town four) tax clearance certificate issued by the tax department.
It is not possible to cancel the business license online. At present, the industrial and commercial department has not yet opened the service of canceling business licenses through the Internet, because some materials are required to be original, and it is not possible to do it online. >>>More
1. If you do not have a business license and engage in business, it is an unlicensed operation, and it will be investigated and banned in accordance with the "Measures for the Investigation and Punishment of Unlicensed Operations"; >>>More
See below for the consequences
The revocation of the business license by the legal person will bring certain restrictions to the enterprise and its legal representative and the person directly responsible, and the investor shall be jointly and severally liable for the revocation of the business license of the investor or the shareholder of the enterprise if he does not perform the obligation of organizing liquidation in accordance with the law, and shall bear the joint and several liability of the enterprise's debts. >>>More
The main process is the following six steps.
Cancellation of the company's national and local tax registration certificates: required information: original and copy of national and local taxes; The current year's final settlement report; Write-off reports; Fill in the tax write-off** (if there are unused invoices, they must be written off first). >>>More
If you don't handle it, it will not be automatically cancelled, and it will only be revoked by the Industrial and Commercial Bureau. If it is revoked, not only will it be fined, but it will also affect the legal person, so if you don't want to operate it, the best way is to cancel it as soon as possible. Logging off is not a hassle and does not cost money. >>>More