How to dissolve a professional farmer cooperative?

The dissolution of a professional farmer cooperative refers to the legal act of stopping business activities due to reasons prescribed by law, and ultimately extinguishing the legal personality.

The dissolution of professional farmer cooperatives is divided into two situations: self-dissolution and compulsory dissolution. Self-dissolution, also known as voluntary dissolution, refers to the dissolution of the cooperative in accordance with the articles of association or the resolution of the general meeting of members. Compulsory dissolution refers to the dissolution that occurs as a result of a decision or court decision of the relevant authority.

Once a professional farmer cooperative is dissolved, it can no longer engage in business activities in the name of the cooperative and shall be liquidated. When the liquidation of the cooperative is completed, its legal personality is extinguished.

According to the provisions of the Law on Professional Farmer Cooperatives, when a professional farmer cooperative is dissolved due to the reasons mentioned in the first paragraph of Article 41 of this Law, or when the people's court accepts a bankruptcy application, it cannot go through the formalities for the withdrawal of its members. This is because when a member withdraws from the company, he or she is required to return the amount of capital contributed and the share of the provident fund recorded in the member's account in the manner and within the time limit prescribed by the Articles of Association. If the withdrawal procedures and distribution of property for the retired members of the professional farmer cooperative are dissolved and bankrupt at the time of dissolution and bankruptcy will affect the liquidation and seriously damage the interests of other members of the cooperative and creditors.

Therefore, when a professional farmer cooperative is dissolved or bankrupt, it is not possible to go through the procedures for the withdrawal of members.

When a professional farmer cooperative is dissolved, it shall properly dispose of the cooperative's property, creditor's rights and debts in accordance with the law.

I ran a cooperative, and if it is not functioning, I have a name that needs to be dissolved or dissolved.

First, the front back spine sells suspicious answers.

Deregistration process of professional cooperatives:

1. The general meeting of members or the representative meeting of members shall make a resolution of dissolution and establish a liquidation group in accordance with the law;

2. The liquidation group shall notify the professional farmer cooperatives within 10 days.

members and creditors, and within 60 days to make an announcement in a newspaper;

3. The liquidation group is responsible for liquidation;

4. After the liquidation is completed, the liquidation report will be issued, and the general meeting of members will confirm the liquidation report;

5. Cancellation materials shall be submitted to the District Administrative Examination and Approval Bureau.

The registration window shall conduct a formal examination of the application materials and make a decision on whether to accept and approve the registration within 3 working days.

2. Analyze the details.

Professional cooperatives are organizations that realize the purpose of mutual assistance among members by providing services such as the sales, processing, transportation, and storage of agricultural products, as well as technology, information, and other services related to agricultural production and operation, on the basis of rural household contract management. Have a certain organizational structure.

Members have certain rights and responsibilities. It is a mutual-aid economic organization that is voluntarily united and democratically managed by producers and operators of similar agricultural products or providers and users of similar agricultural production and operation services on the basis of rural household contract management. Professional cooperatives take their members as the main service objects, providing services such as the purchase of agricultural production materials, the sale, processing, transportation, storage of agricultural products, and the technology, information and online transactions related to agricultural production and operation.

3. Professional cooperatives need to pay enterprise income tax.

? According to China's current enterprise income tax system, only enterprises with legal personality need to pay enterprise income tax. Sole proprietorship and sole proprietorship.

Partnerships and unincorporated private enterprises only require investors to pay individual income tax because they do not have legal personality.

Limited liability companies, joint-stock enterprises, collective enterprises.

State-owned enterprises, legal person private enterprises, Sino-foreign joint ventures, Sino-foreign cooperative enterprises, and wholly foreign-owned enterprises shall pay enterprise income tax. It can be seen that the enterprise decides whether to pay the enterprise income tax in its specific form.

Legal analysis: First of all, before cancellation, the tax, creditor's rights and debts and other matters should be cleared up. Simple cancellation process:

1) Log in to the National Enterprise Credit Information Publicity System, click "Enterprise Information Filling", fill in the simple cancellation announcement after logging in, and upload the "Simple Cancellation of All Members Commitment Letter". (2) After the expiration of the 20-day notice period, the applicant shall submit an application for simplified cancellation to the registration authority within 30 days (it is recommended to do it immediately within one week), and a notice of approval of cancellation shall be issued within 4 hours after the window accepts it. Submit the Application for Registration (Filing) of Professional Farmer Cooperatives, the original and copy of the business license, and the Letter of Commitment for Simple Cancellation of All Members.

Enterprises that have concluded compulsory liquidation shall submit to the people's court for a ruling to terminate the compulsory liquidation procedure, and enterprises that have concluded bankruptcy proceedings shall submit to the people's court for a ruling to terminate the bankruptcy proceedings).

Legal basis: Law of the People's Republic of China on Professional Farmer Cooperatives

Article 46 The merger of professional farmer cooperatives shall notify creditors within 10 days from the date of the merger resolution. The creditor's rights and debts of the parties to the merger shall be inherited by the existing or newly established organizations after the merger.

Article 47 In the division of professional farmer cooperatives, their property shall be divided accordingly, and creditors shall be notified within 10 days from the date of the resolution on the division. The debts before the division shall be jointly and severally liable by the organization after the division. However, unless otherwise agreed in the written agreement with the creditor on the repayment of debts reached before the division.

In this case, it has brought great help to the production of many farmers, but at the same time, there are many local farmers' cooperatives.

If the conditions for continued operation are no longer available, then it also needs to be dissolved. Professional farmer cooperatives, if there is one such situation, need to be dissolved.

The first is that the number of members of the cooperative is less than 5, in this case, the operation of the cooperative is no longer necessary, and there is no way to help the production of farmers, so it needs to be dissolved.

The second is that after discussion through the general meeting, the farmers took the initiative to dissolve the professional farmer cooperatives, although the existence of professional farmer cooperatives has played a certain role in helping many farmers, but due to the operation of many farmer cooperatives and other problems, there is no way to play the corresponding effect, so in this case it is also necessary to dissolve.

The third scenario is that the professional farmer cooperative merges with other cooperatives, and the previous cooperative will also face dissolution.

The fourth case is due to some force majeure.

After such a situation, the cooperative has no way to operate normally, and it is illegal to continue to operate, so it is also necessary to dissolve. <>

Through the above understanding, we can find that although the farmer cooperatives have brought a lot of benefits to many farmers, but there are some farmer cooperatives that have not brought benefits to the farmers, so in this case, it is also necessary to adjust to a certain extent, and with the above understanding, in the process of farmers' production, they will be able to be more handy, and they can enjoy the benefits brought to them by the farmer cooperatives.

If the number of members is less than 5, the general meeting of members decides to dissolve and merge with other cooperatives, because some factors cannot continue to operate, and the business license is revoked, these situations will be dissolved.

I don't think it should be dissolved under any circumstances, because the professional farmer cooperatives are very good and have a very balanced effect and can solve some problems.

When the economic development of the region reaches a certain level, it should be dissolved, because after a certain level of development, there is no need for it.

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If a professional farmer cooperative changes its business scope and involves a project subject to approval as stipulated by laws, administrative regulations or regulations, it shall apply for change of registration within 30 days from the date of approval and submit the relevant approval documents. If the business scope of a professional farmer cooperative is a project that is subject to approval before registration as stipulated by laws, administrative regulations or regulations, it shall apply for a change of registration or cancel the registration in accordance with the provisions of these Regulations within 30 days from the date of occurrence of the cause: (1) The license or other approval documents have been revoked or revoked; (2) The validity period of the license or other approval document has expired.

Article 22: If there is a change in the members of a professional farmer cooperative, it shall, within 30 days from the end of the current financial year, submit the revised roster of members signed by the legal representative to the registration authority for the record. Among them, if a new member joins the company, he or she shall also submit the identity certificate of the new member.

Where the members of a professional farmer cooperative are reduced to the statutory proportion due to a change in membership, the farmer members shall be recruited into the cooperative within 6 months from the date of occurrence of the cause of the matter to bring the farmer members to the statutory proportion. Article 23: If the amendment of the articles of association of a professional farmer cooperative does not involve registration matters, it shall, within 30 days from the date of making the decision to amend, submit the revised articles of association or amendments to the articles of association signed by the legal representative to the registration authority for the record.

Article 24: If the change of registration involves the change of business license, the registration authority shall renew the business license.

If the application materials submitted by the applicant are complete and conform to the statutory form, the registration authority shall accept it on the spot, and if it is not accepted, it shall explain the reasons. 1. Name of matter: cancellation of registration of professional farmer cooperatives.

2. Basis for setting: Regulations on the Registration and Administration of Professional Farmer Cooperatives. III. Application Requirements:

Voluntary application. 4. Handling materials: (1) Application for cancellation of registration of professional farmer cooperatives signed by the person in charge of the liquidation group or the legal representative; (B) the general meeting of professional farmer cooperatives or the member congress of the dissolution resolution made in accordance with the law; Documents in which the business license of a professional farmer cooperative has been revoked or revoked in accordance with law; Bankruptcy rulings and dissolution judgments of the people's courts; (3) The liquidation report confirmed by the general meeting of members or the representative meeting of members; Liquidation report confirmed by the people's court; (4) An explanation of the debt settlement or debt guarantee made by the general assembly of members or the representative assembly of members; (5) The original and copy of the Business License of Professional Farmer Cooperatives; (6) The newspaper or a copy thereof of which is published by the liquidation group (not submitted if it is exempted from the obligation to make an announcement in accordance with the law); (7) Proof of the designation of a representative or a person entrusting **; (8) Notice of approval of cancellation of branches of professional farmer cooperatives (if there are branches, they must be submitted); (9) Documents and lists produced by the members and responsible persons of the liquidation organization.

Monday to Friday working hours. 7. Time limit for processing: that is, to handle the documents.

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Go to the Administration for Industry and Commerce to cancel the business license. For specific operations, please consult the local Administration for Industry and Commerce.