If the factory is closed and the deregistration is not processed, are there any follow up problems?

If the enterprise has been closed for a long time, its business license will be revoked, and after the business license is revoked, the enterprise shall be dissolved and deregistered. However, in practice, when the AIC makes a ruling to revoke the business license, it does not require the shareholders of the company to dissolve the company and go through the procedures for deregistration. The law also does not stipulate the legal liability of a company that has been closed for a long time or whose business license has been revoked and has not been liquidated in a timely manner, so there is no legal consequence of facing a fine. However, when hearing a case, some courts will also support the creditor's claim against its shareholders for failing to liquidate the debtor's enterprise in a timely manner after the business license was revoked.

If an enterprise wants to go through the process of deregistration, it should first enter the dissolution and liquidation procedure, and the liquidation can only be deregistered after the liquidation is completed. After the enterprise is deregistered, the creditor's rights and debts disappear.

You must cancel it, otherwise the most direct problem is that your other company's ** certificate can not be inspected annually, and then there is a card 4 for you, and you will be fined 4. Because their information shows that the legal representative of your company has another company that has not been inspected (that is, you have not cancelled the one), they will not give you the annual inspection.

The business will continue in the name of the previous company and the legal representative. First of all, all the handover procedures must be completed: go to the accounting firm to handle the liquidation materials.

The tax department verifies that the tax has been requested. There are no rights disputes. Yes, it is possible to take over.

But if something goes wrong in the future. You are also partially and severally liable.

If the industrial and commercial department revokes the business license and the business license is revoked, the original legal representative shall not be qualified as the legal representative in the establishment of the new company within three years

Suppose another legal representative continues to operate in the name of the original company, you need to know who is responsible for the debts incurred.

In addition to paying wages, insurance, etc., the employer shall pay severance according to the number of years of service, one month's salary for one year of service, one year for more than half a year and less than one year, and half a year for less than half a year, and the calculation standard is the average salary (including basic salary, bonus, etc.) of the employee for the 12 months prior to the termination of the labor contract.

Article 27 of the Law of the People's Republic of China on the Hail of Labor Workers stipulates that if an employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in its production and operation, and it is really necessary to lay off its personnel, it shall explain the situation to the trade union or all Hu Kai employees 30 days in advance, listen to the opinions of the trade union or employees, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

Legal analysis: Whether the closed down enterprise can resume business is decided by the competent environmental protection authority in accordance with the law.

Legal basis: Company Law of the People's Republic of China

Article 5 The company's obligations and protection of rights and interestsThe company must comply with laws and administrative regulations when engaging in business activities, abide by social and business ethics, be honest and trustworthy, accept the supervision of the public and the public, and assume social responsibility. The legitimate rights and interests of the company are protected by law and are not infringed.

Article 6 When a company registers and establishes a company, it shall apply to the company registration authority for establishment and registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; 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 may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 The business license of 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.

When the business license is cancelled, the tax registration certificate should be cancelled, and it must be cancelled, if it is not cancelled, the same legal person is not allowed to open a company again, and it is not good for yourself to be blacklisted, there must be a reason for not canceling, and you should think of a way to deal with it.

If the tax is deregistered, it is not necessarily necessary to carry out the industrial and commercial deregistration immediately.

However, if the tax is cancelled, the relevant financial statements and tax statements cannot be provided, so it will not be able to pass the annual inspection of industry and commerce. Therefore, you can cancel the industrial and commercial license after the tax cancellation to the annual inspection of the following year.

According to the provisions of Article 4 of the Regulations on the Registration and Administration of the Legal Representative of Enterprises, the legal representative of the enterprise whose business license has been revoked due to violations of the law and bears personal responsibility for the illegal acts of the enterprise shall not serve as the legal representative if it has not exceeded three years from the date of the revocation of the business license of the enterprise.

However, in the actual implementation in various localities, the shareholders, directors and managers of the revoked enterprises can no longer register with the industrial and commercial bureau to hold the above-mentioned positions.