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What is a business license suspension? I haven't heard of it, the question can be refined a little more, I don't quite understand what you mean.
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Now the business license has not been suspended, and the documents can be handled at any time.
1. Documents and certificates to be submitted for application for business registration of individual industrial and commercial households:
1) Application form for individual business registration signed by the applicant (fill in the self-employed application for business registration form);
2) Proof of employees (the city's personnel must submit a household registration certificate, including household registration book and ID card, as well as relevant certificates for retired and other unemployed personnel; Personnel from other provinces and cities must submit their ID cards, temporary residence permits in the local area, and women of childbearing age must also submit family planning certificates; 1 photograph;
3) Proof of business site;
4) Proof of relationship between the family members of the family;
5) Notice of pre-approval of name;
6) Relevant special certificates that should be submitted in accordance with regulations, rules and policies.
Second, such as the operation of pesticides, food, hazardous chemicals, catering, special breeding, cigarettes and other pre-projects, it is necessary to register the name before applying for these pre-permits, and then with a copy of the pre-license (the original needs to be checked) to apply for a business license; Large-scale business premises, such as shopping malls and hotels, should also submit fire protection opinions; Personnel outside the county (district) should also submit a family planning certificate for the floating population.
Note: Since the business license involves personal information, in order to avoid information leakage, it is better to handle it yourself.
Note: Due to the different conditions in different places, the regulations are also different, and the specific regulations are subject to the regulations of the local management department.
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Legal analysis: It is possible to apply for suspension of business, and it is necessary to bring materials to the industrial and commercial department for business suspension registration. Take individual businesses as an example:
Legal basis: Administrative Measures for the Collection of Regular and Quota Taxes for Individually-owned Industrial and Commercial Households Article 21 If a regular quota account is suspended, it shall submit a written suspension report to the tax authorities before the suspension of business; If the business resumes ahead of schedule, it shall submit a written resumption report to the tax authorities before the resumption of business; If it is necessary to extend the period of suspension of business, a written report on the extension of suspension of business shall be submitted to the tax authorities before the expiration of the suspension period.
Measures for the Administration of Tax Registration
Article 21 Where an individually-owned industrial and commercial household that implements the method of regular and fixed amount collection needs to suspend business, it shall report to the taxation authorities for registration of suspension of business before the suspension of business. The period of suspension of business of a taxpayer shall not exceed one year.
Article 22 When applying for the registration of suspension of business, a taxpayer shall truthfully fill in the report on the suspension of business and resumption of business, explain the reasons for the suspension of business, the period of suspension of business, the tax payment situation before the suspension of business, and the receipt, use and storage of invoices, and settle the tax payable, late payment fines and fines. The tax authorities shall collect and store their tax registration certificates and copies, invoice purchase books, unused invoices and other tax documents.
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Legal analysis: Yes, when an individually-owned business is closed, it shall go through the procedures for business closure and surrender its business license.
Legal basis: Interim Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households
Article 11 When an individually-owned business is closed, it shall go through the formalities for closing down and surrender its business license. If the business is suspended for more than six months, the business license shall be collected by the original registered administrative organ for industry and commerce.
Article 12: When an individually-owned business is cancelled, confiscated, or has its business license revoked, it shall pay off its debts to creditors.
Article 13: Individually-owned businesses shall pay registration fees and management fees in accordance with regulations. The charging standards and management measures for registration fees and management fees shall be jointly formulated by the State Administration for Industry and Commerce and the Ministry of Finance.
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Legal Analysis: The steps to go through the business closure procedures are as follows:
1. First go to the national tax to get **, fill in according to the requirements of the national tax, sign, seal, pay the invoice, and pay the tax, it will take back the national tax registration certificate and give you a notice of cancellation of tax registration by the national tax.
2. Take the notice of cancellation of tax registration of the national tax, take the ** to the local tax, and after paying the tax, it will take back the tax registration certificate of the local tax and give you a notice of cancellation of tax registration of the local tax.
3. Take two notices and cancel your bank account.
4. Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industry and Commerce, and it will withdraw the business license. (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).
Legal basis: Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons
Article 20 Where an enterprise legal person suspends business, is revoked, declares bankrupt or terminates its business for other reasons, it shall go through cancellation of registration with the competent registration authority.
Article 21 When an enterprise legal person goes through the cancellation of registration, it shall submit a report on the application for cancellation of registration signed by the legal representative, the approval document of the competent department or the examination and approval authority, the certificate of completion of the liquidation of debts, or the document that the liquidation organization is responsible for clearing up the creditor's rights and debts of the cemetery. 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 of the shipping shall be confiscated, and the bank shall be informed of the cancellation of registration.
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Legal Analysis: The cancellation time is about 2 to 3 days. A decision on whether or not to grant registration should be made immediately or within three days.
To cancel the business license, first of all, publish a notice of cancellation in a newspaper at or above the prefectural and municipal level, stating that the company will handle the cancellation and no longer operate. Among them, the cancellation of industry and commerce must be carried out only after 45 working days after the cancellation announcement is published.
Legal basis: Article 180 of the Company Law of the People's Republic of China The company is dissolved for the following reasons:
1) The expiration of the business period specified in the articles of association 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) The company needs to be dissolved due to merger or division;
4) The business license has been revoked, ordered to close or revoked in accordance with the law;
5) The people's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
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Legal analysis: It takes three to six months for the business license to be cancelled, which means that it will take up to six months to be completely cancelled. According to the requirements of the articles of association, the enterprise can only go through the cancellation procedures after 60 days from the date of liquidation; It takes at least 60 days for deregistration, but the time for tax registration may be more common, such as a large number of accounts, and the audit needs to be audited and the accounts checked, so the tax deregistration time is three months to six months; The order is enterprise liquidation filing, registration announcement, cancellation of invoices, tax cancellation, industrial and commercial cancellation, ** cancellation, and bank cancellation.
Legal basis: Measures for the Administration of Tax Registration
Article 28 Where a taxpayer terminates its tax liability in accordance with law in the event of dissolution, bankruptcy, revocation or other circumstances, it shall, before going through the cancellation of registration with the administrative authority for industry and commerce or other authorities, apply to the original tax registration authority for cancellation of tax registration with the relevant documents and materials; If it is not required to go through the registration process with the administrative authority for industry and commerce or other authorities according to the regulations, it shall, within 15 days from the date of approval or termination by the relevant authority, apply to the original tax registration authority for cancellation of tax registration with the relevant documents and materials. If a taxpayer has its business license revoked by the administrative authority for industry and commerce or its registration revoked by another authority, it shall report to the original tax registration authority for cancellation of tax registration within 15 days from the date on which the business license is revoked or the registration is revoked.
Article 29 Where a taxpayer changes its domicile or place of business and involves a change in the tax registration authority, it shall, before applying to the administrative authority for industry and commerce or other authorities for change or cancellation of registration, or before the change of domicile or place of business, apply to the original tax registration authority for cancellation of tax registration with the relevant documents and materials, and report to the tax authority of the place of relocation for tax registration within 30 days from the date of cancellation of tax registration.
Article 30 Where an overseas enterprise contracts construction, installation, assembly or exploration projects within the territory of China and quietly transports or provides labor services, it shall, within 15 days before the completion of the project and its departure from China, apply to the original tax registration authority for cancellation of tax registration with the relevant certificates and materials.
Article 31 Before going through the process of deregistration of tax registration, a taxpayer shall submit relevant supporting documents and materials to the tax authorities, settle the tax payable, overrefund (exempt) tax, overdue fines and fines, surrender and cancel invoices, tax registration certificates and other tax certificates, and go through the formalities for cancellation of tax registration after approval by the tax authorities.
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