Can a company with a lawsuit be deregistered, and can a company be deregistered if it has a lawsuit?

First, the front. A company with a lawsuit cannot be deregistered. The company must be liquidated in accordance with the law before it can apply to the company registration authority for cancellation of registration.

Therefore, when the company filed a lawsuit, the relationship between rights and obligations was not yet clear, and the company's liquidation team could not accurately determine the company's assets, claims and debts.

In this case, it is not possible to cancel for the time being.

2. Analyze the details.

Company deregistration refers to the fact that when a company declares bankruptcy, is acquired by another company, does not renew the prescribed business period, or dissolves within the company, the company needs to apply for cancellation to the registration authority to terminate the company's legal personality.

process. The best way for a company to exit the market is to liquidate the company reasonably in accordance with the law and to deal with the company's claims and debts comprehensively and thoroughly before deregistering.

3. Legal basis.

Company Law of the People's Republic of China.

Article 188 After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report and submit it to the shareholders' meeting and the general meeting of shareholders.

or the people's court confirms and submits it to the company registration authority to apply for deregistration of the company.

Registration, announcement of the termination of the company.

4. The reason why a company with a lawsuit cannot be deregistered.

1. In order to protect the rights and interests of all parties, facilitate the subsequent liquidation and assume the responsibilities of shareholders, it is best not to cancel the registration when the company participates in the lawsuit during the litigation process;

2. If the company deregisters, it cannot guarantee that the creditor's rights and debts involved in the case will be reasonably liquidated and disposed of; Creditors are unable to participate in the distribution of creditor's rights in a timely manner in accordance with the law, which directly makes it difficult to realize the rights and interests of creditors;

3. The cancellation of registration leads to the loss of its independent legal personality, that is, it cannot participate in the litigation as a legal subject of litigation, so it will face the problem of changing the subject of litigation. At this time, the original shareholders of the company may be added as parties to the case, and even eventually bear the corresponding shareholder liability;

4. The cancellation of registration is not conducive to the protection of the rights and interests of creditors, but also affects the reasonable liquidation of the company and the assumption of limited liability of shareholders.

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1. Can a company with a lawsuit be deregistered?

1. A company with a lawsuit cannot be deregistered. If the company deregisters the creditor's rights and debts involved in the court litigation period, it cannot guarantee that the creditor's rights and debts involved in the case will be reasonably liquidated and disposed of. Creditors are unable to participate in the distribution of creditor's rights in a timely manner in accordance with the law, which directly makes it difficult to realize the rights and interests of creditors;

2. Legal basis: Article 8 of the Enterprise Bankruptcy Law of the People's Republic of China.

To file a bankruptcy application with the people's court, the bankruptcy application and relevant evidence shall be submitted.

The bankruptcy application shall contain the following matters:

1) The basic information of the applicant and the respondent;

2) the purpose of the application;

3) the facts and reasons for the application;

4) Other matters that the people's court finds should be indicated.

If the debtor submits an application, it shall also submit to the people's court an explanation of its property status, a list of debts, a list of creditor's rights, relevant financial and accounting reports, a plan for the resettlement of employees, and the payment of employees' wages and social insurance premiums.

2. How to deregister the company.

1. The company shall set up a liquidation group, make a liquidation report, and submit the liquidation report and cancellation application and other materials to the industrial and commercial department for liquidation filing;

2. Publish the cancellation announcement in the newspapers and periodicals approved by the industrial and commercial department, and the publication date shall not be less than 45 days;

3. After the announcement, bring the company's tax registration and other materials to the tax department to go through the tax cancellation procedures;

4. After the tax cancellation, bring the cancellation certificate and other materials to the industrial and commercial window of the government affairs hall to go through the cancellation procedures.

Legal analysisA company with a lawsuit cannot be deregistered. If there is a lawsuit in the public trust department, it is generally not allowed to be cancelled.

The company must be liquidated in accordance with the law before it can apply to the company registration authority for cancellation of registration. Therefore, if the relationship between rights and obligations is not clear when the company conducts a lawsuit, the liquidation team of the company cannot accurately determine the assets and creditor's rights and debts of the leased company, and it cannot be cancelled for the time being.

Legal basisArticle 188 of the Company Law of the People's Republic of China After the liquidation of a company is completed, the liquidation team shall prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company registration and announce the termination of the company.

Legal analysis: The company can be deregistered during the litigation period, but in the course of the litigation, if the company goes through the deregistration without liquidation, the shareholders of the limited liability company shall bear the corresponding liability for compensation within the scope of the company's debts claimed by the creditors, and of course, the premise of compensation is that the creditor's rights and debts are verified to be true.

In the course of civil litigation, if a company that is a party goes through the deregistration, it shall distinguish between liquidation in accordance with law and failure to liquidate the company at the time of deregistration. If, after the parties file a lawsuit, the company establishes a liquidation team in accordance with the law and carries out liquidation in accordance with the provisions of the Company Law, the litigation shall be suspended or terminated, and the parties may realize their rights in accordance with the company's liquidation procedures.

Legal basis: Article 20 of the Provisions on Several Issues Concerning the Application of the Company Law of the People's Republic of China (II) The dissolution of a company shall apply for cancellation of registration after the liquidation is completed in accordance with the law. If the company goes through the deregistration without liquidation, resulting in the inability of the company to liquidate, and the creditor claims that the shareholders of the limited liability company, the directors and controlling shareholders of the shares, and the actual controller of the company bear the responsibility for the repayment of the company's debts, the people's court shall support it in accordance with law.

If the company has gone through the deregistration process without liquidation in accordance with the law, and the shareholders or third parties promise to bear responsibility for the company's debts when the company registration authority goes through the deregistration, and the creditor claims that it bears the corresponding civil liability for the company's debts, the people's court shall support it in accordance with law.

Legal analysis: It cannot be cancelled, because the court will give a letter of investigation to the Industrial and Commercial Development Association to freeze all the changes and cancellation of the company's business. Industry and commerce will not accept it. The lawsuit does not affect the deregistration of the company.

Legal basis: Article 179 of the Company Law If a company merges or separates and the registration items are changed, it shall go through the change registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the deregistration of the company in accordance with the law; If a new company is established, the company establishment registration shall be completed in accordance with the law.

If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.