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The declaration of invalidation of the business license is not a cancellation. The statement of invalidation of the business license actually refers to the commonly known loss reporting after the loss or destruction of the company's business license. Cancellation of business license is when a company declares bankruptcy, or is acquired by other companies, the company's articles of association stipulate that the business period expires, the company is dissolved, or due to the non-standard business operation mode is ordered to close down according to law, then the company can apply for cancellation.
There is a difference between the cancellation of an enterprise and the revocation of a business license, and cancellation is a normal registration procedure for an enterprise to go to the industrial and commercial bureau when a matter that needs to be deregistered occurs. The revocation of the business license is a punitive measure imposed by the industrial and commercial bureau for violating the provisions of the law. After the revocation of the business license, the enterprise is still required to perform the cancellation procedures.
Invalidation and cancellation are two different things, invalidation is to declare that the license no longer has legal effect, and cancellation is to cancel the qualification of the legal subject of the license through legal procedures.
Regulations of the People's Republic of China on the Administration of Company Registration Article 59 No unit or individual may forge, alter, lease, lend or transfer a business license. If the business license is lost or destroyed, the company shall declare it invalid in the newspapers and periodicals designated by the company registration authority and apply for a replacement. If the company refuses to return or is unable to return the business license, the company registration authority shall announce that the business license will be invalid.
What is the business license cancellation process?
The process of cancellation of business license is: 1. Submit an application for cancellation, and the company establishes a liquidation group for liquidation; 2. Submit an application for cancellation of tax registration to the tax authorities, and the tax department will issue a cancellation opinion after the company is cleared; 3. To apply for the cancellation of the company, the industrial and commercial bureau will let the company issue a liquidation announcement in the public state, and within a certain period of time, if other units do not put forward opinions on the cancellation, then the industrial and commercial bureau will handle the cancellation procedures. If a corporate legal person terminates its business due to closure of business, revokation, declaration of bankruptcy or other reasons, it shall go through the cancellation of registration with the competent registration authority, and the legal person shall submit the relevant documents and materials when going through the deregistration, and after approval, collect the copies and inform the opening bank of the cancellation of registration.
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If the business license is lost for personal reasons, it can be declared that it will be invalid immediately, and it will already include the cancellation of the meaning.
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If you lose it, you mainly have to first apply for a declaration of loss in the newspaper, proving that the previous documents can no longer be used, and then go to the industrial and commercial department with the newspaper to handle the cancellation. If you still don't understand, you can unify to know and understand
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After the business license is invalidated, it is necessary to reapply for a new license, whether it is to cancel or continue to operate in the later period, it is necessary to reapply for a new license. If it ceases to operate in the later period, the license must be revoked, and if the license is not cancelled, it will be revoked after a certain period of time.
The consequences of a company's business license being revoked are severe:
1. According to the Administrative Measures for the Registration of Enterprise Names, the name of an enterprise whose business license has been revoked will not be allowed to be used for less than 3 years.
2. As the legal representative of the company whose business license has been revoked, he shall be personally responsible for the company's illegal acts. Within 3 years from the date on which the company's business license is revoked, it cannot serve as a senior manager of another company.
3. The investors or shareholders of the company whose business license has been revoked shall perform the obligation of organizing liquidation in accordance with the law, and those who refuse to liquidate shall bear the legal consequences arising therefrom.
4. The legal representative of the company will be included in the "blacklist", and cannot take out loans, restrict travel and receive pensions.
The process of canceling self-employed individuals does need to be publicized three times on the current ** cancellation announcement, which is a normal process, please rest assured, in addition, it will take about 1 month to succeed in canceling self-employed individuals, and you need to wait patiently.
Hope it helps.
The process of canceling the business license of an individual industrial and commercial household is roughly as follows:
1.First of all, go to the national tax to fill in the ** as required, including signing, sealing, paying taxes, paying invoices, and finally taking back the national tax registration certificate and issuing a notice of cancellation of tax registration by the national tax. and then to the local tax, the tax will be paid, and a notice of cancellation of tax registration of the local tax will be issued.
Finally, through the two notices obtained, I went to the bank to close the account.
2.Go to the industrial and commercial bureau to fill in an application for cancellation of the business license of individual industrial and commercial households**, and return the individual business license to the industrial and commercial department, which 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), and the cancellation of self-employed individuals can only be completed here.
It should also be noted that: The applicant refers to a natural person who has set up a sole proprietorship. If it is entrusted by the applicant, the power of attorney of the applicant and the identity certificate or qualification certificate of the entrusted person shall also be submitted.
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The business license can only be cancelled after 45 working days after the declaration of invalidation. First of all, it is necessary to publish a cancellation announcement in a newspaper at or above the prefectural and municipal level, stating that the company will handle the cancellation and no longer operate. At the same time, the company should set up a liquidation team to liquidate its internal claims and debts, taxes, employee wages, etc., and issue a liquidation report.
The members of the liquidation team shall go to the local industrial and commercial administration department for registration and filing procedures. Next, you can go through the cancellation procedures of national and local tax, industry and commerce and ** certificate according to this. Among them, the cancellation of industry and commerce can only be carried out after 45 working days after the announcement of cancellation is published.
The method of cancellation of business license is as follows:
1. Go to the national tax to get **, fill in according to the requirements of the national tax, sign, seal, pay the invoice for cancellation, and after paying the tax, the State Taxation Bureau will take back the national tax registration certificate and give the party a notice of cancellation of tax registration by the national tax;
2. Take the notice of cancellation of tax registration of the national tax, go to the local tax to get **, and after the tax is paid, the State Taxation Bureau will take back the tax registration certificate of the local tax and give the party a notice of cancellation of tax registration of the local tax;
3. Take two notices and cancel the bank account;
4. Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industrial and Commercial Bureau, and the National Taxation Bureau will withdraw the business license.
[Legal basis].Article 185 of the Company Law of the People's Republic of China.
The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days. The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if it has not received the notice, declare its creditor's rights to the liquidation group.
When a creditor declares a creditor's right, it shall explain the relevant matters of the creditor's right and provide supporting materials. The liquidation group shall register the creditor's rights.
During the declaration of creditor's rights, the liquidation group shall not pay off the creditors.
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The invalidation of the business license does not necessarily mean that it has been cancelled.
If an individually-owned business is unable to return its business license due to the loss or damage of the tour group, the business operator shall submit a statement of Li Mocha's inability to return the business license, and promise to bear the legal responsibility arising from the failure to return the business license, and there is no need to submit a newspaper announcement of the loss or damage of the business license.
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Legal analysis: If you are announcing it in a newspaper, you can directly go to the newspaper to revoke it, and if you are publicized on the national information credit publicity system, you can directly revoke it. The publicity period for the invalidation of the business license is generally 45 days, and in some places it is 20 days.
Legal blind rent code basis: "Company Law of the People's Republic of China".
Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered by the company registration authority as a limited liability company or a share****; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public can apply to the company registration authority to inquire about the company's registration matters, and the company registration authority shall provide inquiry services.
Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company.
The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
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Hello, dear: The declaration of invalidation of business license is an act of voluntarily applying for invalidation of business license by enterprises or individual industrial and commercial households. If an enterprise or sole proprietorship needs to cancel the declaration of invalidation of the business license, it can follow the steps below:
1.Log in to the administrative department for industry and commerce** and enter the "Registration of Enterprises and Individual Industrial and Commercial Households" page; 2.Click on the "Application for Invalid Declaration of Business License" column and select the "Cancel Application" option; 3.
Fill in the application information and upload the relevant materials; 4.After submitting the application, wait for the approval of the administrative department for industry and commerce. It should be noted that the condition for canceling the declaration of invalidation of a business license is that the declaration of invalidation has not yet taken effect.
If the business license has been cancelled, there is no suspicion to cancel the invalid statement. Extended Supplements:1
The declaration of invalidation of business license is generally an act of voluntarily applying for invalidation of business license by enterprises or individual industrial and commercial households. Common reasons include a change of business address, closure or closure due to lack of funds, and a change of owner. At this time, applying for a void business license can reduce the unnecessary hassle caused by the closure or closure of business, and it can also give more opportunities for other businesses that want to operate in the same place in Qinnai.
2.The procedure for the declaration of invalidation of the business license is relatively complex, and it requires the enterprise or individual industrial and commercial household to submit an application to the administrative department for industry and commerce that was originally responsible for registration, provide relevant materials, and pay the invalidation fee within the specified time after review. If the application for invalidation of the business license is not completed by the payment deadline, the application for invalidation will automatically become invalid and the applicant needs to submit a new application.
3.The application for cancellation of the declaration of invalidation of the business license needs to meet the requirements of the administrative department for industry and commerce, and it needs to be carried out under the condition that the declaration of invalidation has not yet taken effect. If the business license has been cancelled, you can no longer cancel the void declaration.
1. Project name: the company is deregistered.
2. Handling window: the window of the Municipal Administration for Industry and Commerce of the Municipal Affairs Service Center. >>>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
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. Loss of the newspaper. On the one hand, it is for publicity, and on the other hand, the "newspaper statement" is also a necessary material for reapplying for a license. >>>More