Is the declaration of invalidation of a business license the same as the cancellation of a business

Cancellation is a normal registration procedure for enterprises to go to the industrial and commercial bureau when matters that need to be deregistered occur. 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.

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Administrative Measures for the Registration of Enterprise Names, the name of an enterprise whose business license has been revoked will not be allowed to be used for less than 3 years.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 As the legal representative of the company whose business license has been revoked, he shall be personally responsible for the company's illegal acts.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 The investors or shareholders of the company whose business license has been revoked shall perform the obligation of organizing liquidation in accordance with the law, and those who refuse to liquidate shall bear the legal consequences arising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.

Extended information: The process of canceling the business license of individual industrial and commercial households is probably 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 the natural person who has established 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.

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

Article 6 To establish a company, one 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.

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. Lifelong satisfaction

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.

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.

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

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.

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.