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There will be a fine, and you need to carry out the abnormal removal and annual report after paying the fine, and you can proceed with the normal company cancellation process after the abnormal removal. The impact on legal persons and supervisors is that they cannot take loans, take high-speed trains and planes, and cannot receive pensions, and the impact on shareholders is not very large, but if shareholders want to start a company, they cannot handle it.
Materials and procedures for company deregistration:
1. Liquidation of the company's assets. After the company decides to dissolve, a liquidation team will be established, and the company's liquidation announcement will be published through the enterprise information publicity network or newspapers, and the corresponding creditors will be notified, and the company's assets and debts will be liquidated after the publicity is completed.
2. Cancellation of the company's tax. Before going through the tax cancellation, the company shall settle the tax payable, late fees, fines and cancel the invoices to the tax authorities. If there is an abnormal tax situation in the company, it needs to be lifted before the tax cancellation can be processed.
3. The company's industrial and commercial cancellation. After the liquidation report is confirmed by the shareholders' meeting, the general meeting of shareholders or the people's court, the liquidation report shall be submitted to the industrial and commercial cancellation registration department for cancellation of the business license. If you are told that there is an industrial and commercial abnormality, you also need to remove the abnormality first and then go through the industrial and commercial deregistration.
4. Cancellation of the company's social security account. The company purchases social security for employees, and goes to the social security bureau to go through the procedures for cancellation of social security accounts within 30 days after the cancellation of industrial and commercial accounts, and there can be no social security arrears before the cancellation of social security accounts.
5. Cancellation of corporate accounts and official seals. The company's official seal for the public account and the company representing the company's external legal benefits also need to be cancelled.
6. Cancellation of business license. If the company's operation involves the corresponding administrative license, it is also necessary to cancel the license held by it after the completion of tax and industrial and commercial cancellation.
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Setting up a company is not without costs, and there are a minimum of taxes to pay, so you may owe a lot of fixed taxes, so go tax and ask.
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Legal analysis: 1. The company's information preparation is incomplete; There is an error in the process of deregistering the nuclear god; The partners do not agree to the deregistration, etc.
2. The company's operation is abnormal, so the company is unable to handle cancellation matters.
Legal basis: Article 43 of the Regulations of the People's Republic of China on the Administration of Company Registration shall submit the following documents to apply for cancellation of registration:
1) Application for cancellation of registration signed by the person in charge of the liquidation group of the company;
2) Bankruptcy rulings and dissolution judgments of the people's courts, resolutions or decisions made by the company in accordance with the Company Law, documents ordered by administrative organs to close down or the company to be revoked;
3) Liquidation reports filed and confirmed by shareholders' meetings, shareholders' general meetings, shareholders of one-person limited liability companies, boards of directors of foreign-invested companies, or people's courts or company approval organs;
4) Business License of Enterprise Legal Person;
5) Other documents that shall be submitted for the correction of losses by laws and administrative regulations.
Wholly state-owned companies applying for cancellation of registration, should also be submitted to the State-owned assets supervision and administration of the decision, among them, the nuclear shed to determine the important wholly state-owned company, should also be submitted to the people's approval documents.
A company with a branch office shall also submit a certificate of cancellation of registration of the branch when applying for deregistration.
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There are two reasons why the company needs to be deregistered: internal and external.
The main internal reasons are poor management, improper decision-making, and disorderly management. The external reasons mainly include a bad market, fierce competition, and administrative penalties.
The specific reasons for cancellation are as follows:
1. The shareholders of the company or the shareholders' meeting make a resolution on the dissolution of the company;
2. The company declares bankruptcy;
3. The articles of association of the company stipulate that the business period expires and is not renewed;
4. The cause of dissolution stipulated in the articles of association or laws of the company appears;
5. The company is dissolved due to merger and division;
6. The company is forcibly dissolved;
7. The company is revoked or revoked and then transferred to cancellation.
In terms of the materials required for the deregistration of the company, the enterprise needs to prepare according to the following requirements:
1. Application for cancellation of registration of the company signed by the person in charge of the liquidation group of the enterprise or the legal representative of the company;
2. Application for filing and confirmation of members of the liquidation group;
3. The bankruptcy ruling of the court, the documents of the administrative authority to return the order to close down or the resolution made by the company in accordance with the company law, such as the resolution of the shareholders' meeting for a limited liability company, and the resolution of the shareholders' meeting for the shares;
4. Liquidation report confirmed by the shareholders' meeting or relevant authorities;
5. Newspaper samples of newspapers that publish cancellation announcements;
6. Other documents that shall be submitted according to laws and administrative regulations.
In terms of the company's deregistration operation process, the enterprise needs to follow the following process:
1. Liquidation. The specific steps are to set up a liquidation group, liquidate the work, notify the creditors to declare their claims, propose a liquidation plan, and terminate the liquidation work.
2. Registration. It is mainly required. Cancel social security at the Social Security Bureau, cancel the national and local taxes at the Taxation Bureau, go to the newspaper for publicity, go to the Industrial and Commercial Bureau for cancellation of the record, cancel the business license, cancel the bank account at the opening bank, cancel the license at the Quality Supervision Bureau, and cancel the legal effect of the seal at the public security organ.
At this point, the company's deregistration is basically completed.
Legal basis] Company Law of the People's Republic of China
Article 180 The company is 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) The company needs to be dissolved due to merger or division;
4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with 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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There are two reasons for the deregistration of the company, such as the company's poor management and poor market. External reasons such as revocation, revocation, etc., are as follows:
1. The shareholders will make a resolution to dissolve the company;
2. The company declares bankruptcy in accordance with the law;
3. The business period stipulated in the articles of association of the company shall expire and not be renewed;
4. The cause of dissolution stipulated in the articles of association or laws of the company appears;
5. The company is dissolved due to merger and division;
6. The division was forcibly dissolved in accordance with the law;
7. The company is revoked or revoked and then transferred to cancellation.
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When the company is deregistered, it needs to be publicized and published during the liquidation of the company in accordance with the Company Law, and the publication unit of the newspaper is recognized by the local industrial and commercial bureau, and the domestic enterprise only needs to publish the newspaper once, and the foreign-funded enterprise needs to publish the newspaper three times.
The process of deregistration and reporting of the company is: the establishment of a liquidation group, liquidation work, notification of creditors to declare creditor's rights, proposal of liquidation plan, cancellation of registration, handling of the company's cancellation of the record, publication of the announcement of trembling, application for cancellation of registration again, and cancellation of ** certificate to the Quality Supervision Bureau.
The certificate to be used for the company's cancellation: the original (original copy) of the company's business license; Proof of tax deregistration; Resolution of the shareholders' meeting of the company; Company liquidation report; ** received by the Industrial and Commercial Bureau; original company files; Publish the original newspaper and cancel it.
According to the content of the newspaper, the number of words is different, the choice of newspaper is different, ** is different, you can directly operate on the mobile phone Alipay or WeChat applet, search on the home page of Alipay: run Zhengxiang scattered, the provincial and municipal newspapers in it are **Very detailed, you can choose the newspaper according to your own situation. Lifelong satisfaction
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Legal analysis: Company deregistration refers to the process in which a company needs to apply to the registration authority for cancellation and terminate the company's legal personality when a company declares bankruptcy, is dismantled and acquired by other companies, does not renew the specified business period, or dissolves within the company. The reasons for the deregistration of the company are:
1.The shareholders or the shareholders' meeting make a resolution to dissolve the company;
2.The company is declared bankrupt in accordance with the law;
3.The articles of association stipulate that the business period expires and is not renewed;
4.The cause of dissolution stipulated in the articles of association or the law is repentant;
5.The company is dissolved due to merger or division;
6.The company was forcibly dissolved in accordance with the law;
7.The company is revoked or revoked and then transferred to deregistration.
Legal basis] Company Law of the People's Republic of China
Article 180 The company is 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 general meeting of shareholders resolves to dissolve the company;
3) The company needs to be dissolved due to merger or division;
4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;
5) The people's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
Article 182 Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause major losses to the interests of shareholders and cannot be resolved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.
If the company does not want to continue to operate, it must go through the cancellation registration, and the specific process of cancellation is as follows: >>>More
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A, Yes.
A, Yes. >>>More
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