What happens if you don t need a business license, and there is no harm in applying for a business l

If you don't operate, you have to cancel your business license, otherwise if you don't cancel and don't care about the company, the company will become an abnormal account, which will affect the credit of legal persons and shareholders.

What are the consequences of not canceling the individual business license.

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. So have you ever understood the business license process and re-issuance method, let's take a look with Qiying today.

Qiying sorting: the process and re-issuance method of business license.

Result: Receive a business license.

Qiying sorting: the process and re-issuance method of business license.

2. How to reapply for a business license.

1. If the business license is lost, the first step to do is to publish it in the newspaper.

2. The industrial and commercial bureau shall handle the following procedures: The application for change of company registration signed by the legal representative and stamped by the company with the official seal.

"Certificate of Designated Representative or Co-Principal" stamped by the company.

The limited liability company shall submit a resolution to the shareholders' meeting, which shall be sealed by the shareholders (unit shareholders) or signed (natural person shareholders).

The shares **** shall be submitted to the resolution (minutes) of the general meeting of shareholders, which shall be signed by the presiding officer of the meeting and the directors attending the general meeting of shareholders.

In accordance with the provisions and procedures of the Company Law and the articles of association, a wholly state-owned company shall submit a decision to the State-owned Assets Supervision and Administration Commission or a resolution of the board of directors. The decision of the State-owned Assets Supervision and Administration Commission shall be stamped with the official seal of the State-owned Assets Supervision and Administration Commission; Resolutions of the Board of Directors shall be signed by the Directors.

One person **** submits a written decision to the shareholder, which is stamped by the shareholder (legal person shareholder) or signed (natural person shareholder).

If it is a subsidiary of an enterprise group and the name or abbreviation of the enterprise group is in its name, a copy of the Enterprise Group Registration Certificate stamped with the seal of the parent company of the enterprise group shall be submitted; If it is a shareholding company, it shall also submit a certificate of consent from the management body of the enterprise group.

If laws and administrative regulations stipulate that the change of the company's name must be submitted for approval, a copy of the relevant approval document or license shall be submitted.

New Articles of Association or Amendments to Articles of Association signed by the legal representative.

A copy of the company's "Business License for Enterprise Legal Person".

Legal analysis: the consequences of not canceling the business license of individual industrial and commercial households:

1. 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.

2. Tax inspection and tax payment.

If the company has a turnover, but there is no tax payment certificate at the tax department, and there is an outstanding tax payable, a late payment penalty will be incurred, and the current standard is 5/10,000 per day. This does not exist if the individual pays a fixed rate tax every month.

3. The special account of the company opened by the bank shall be reviewed every year and the management fee shall be paid, if it is not cancelled, the bank may include the legal person in the credit blacklist, which will have an impact on the credit rating of the legal person, and have a certain impact on the purchase of a car, a house or immigration abroad after the payment.

If it is an individual license, does not open a special account in the bank, does not apply for general taxpayers or small taxpayers in the tax, and only purchases fixed invoices in the tax every month, the above situation, and the company's accounts do not involve creditor's rights and debts, the company will not be cancelled, and the worst result is that it cannot serve as a legal person within three years. There are basically no legal risks involved. It is also very simple to deregister such a company.

Legal basis: Article 7 of the Company Law of the People's Republic of China A company established in accordance with the law shall be issued a business license by the company registration authority. 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.

If you do not plan to continue after applying for the business license, then the best thing to do is to choose to cancel it, if it is a company-type business license, then you can also choose to transfer, but the business license of the individual business type cannot be transferred, and you can only choose to cancel it. If you are engaged in business activities, you still need to declare value-added tax and production and operation income tax, otherwise your business license will be revoked.

It is necessary to cancel the business license, if the self-employed person does not open, then the annual report will not be available, and if it is not submitted normally, it will be treated as an abnormal business, which will affect the credit registration and hinder the application for registration in the future.

Individually-owned businesses that meet the conditions for cancellation need to submit a written application to the local industrial and commercial bureau in Zhengyan, which will accept it. When accepting, check the debt repayment instructions, review whether the "Application for Cancellation of Registration" is completed and submitted to the original and copy of the "Business License for Individual Industrial and Commercial Households", and issue the "Application for Cancellation of Registration of Individual Industrial and Commercial Households" if the conditions are met. After filling in the "Application Form for Cancellation of Registration of Individual Industrial and Commercial Households", submit it for review and go through the cancellation of registration.

From this, it can be seen that it is okay not to have a business license after it is done. If you plan to continue to retain your business license, you can choose not to operate and not engage in business dealings, but value-added tax and production and operation income tax need to be reported, and annual inspection must be done.

Legal basis: Changshi.

Regulations on Individually-Owned Businesses

Article 12. Where an individually-owned business no longer engages in business activities, it shall go through the cancellation of registration with the registration authority.

Article 16. The registration authorities and relevant administrative organs shall, in their offices and offices, publish the conditions, procedures, time limits, catalogues of all materials to be submitted and charging standards for individual industrial and commercial households to apply for registration and administrative licensing in a manner that is easy for the public to know. The registration authorities and relevant administrative organs shall provide guidance and inquiry services for applicants applying for administrative licenses and handling registration.

If the business license is not reviewed and the registration is not cancelled for one year, the industrial and commercial bureau will automatically suspend the business license and list the legal person and shareholders as an abnormal blacklist. It cannot be used as a corporate legal person for three years. The revoked enterprise or individual business operator may not be able to use his own name to register the company again within 3 years, and the personal credit record will be maintained for 7 years, and he will be fined.

Credit, loans, travel, and everything else will be affected.

Administrative Reconsideration Law of the People's Republic of China

Article 6. In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

1) Refusing to accept administrative punishments such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishments;

2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;

3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Where it is found that an administrative organ has violated its lawful right to operate autonomously.

According to the relevant laws, if it is not approved by the administrative authority for industry and commerce to register and issue a business license without authorization, it is an illegal business, and it will be banned, the illegal income will be confiscated, and a fine of less than 5,000 yuan will be imposed. If the business activities are carried out in the name of sole proprietorship without the approval of the registration authority in accordance with the law and the business license is obtained, the registration authority will order the person to stop the business activities and impose a fine of not more than 3,000 yuan.

Article 8 of the Interim Measures for the Management of Account Establishment of Individual Industrial and Commercial Households that meet the standards for account establishment shall set up account books and handle accounts in accordance with the relevant provisions of laws, administrative regulations and these Measures within 15 days from the date of obtaining the business license or incurring tax obligations, and shall not forge, lenient and alter or damage the account books, accounting vouchers, tax payment vouchers and other relevant materials without authorization.