Panlong District Company Registration: Let’s talk about things about company cancellation!

When a company declares bankruptcy, or is acquired by another company, the business period stipulated in the company's articles of association expires, the company is internally divided and dissolved, or is ordered to close due to irregular business operations, the company can apply for cancellation. .

1. What are the consequences of not deregistering the company?

If the company is not deregistered and left alone, the company will be included in the industrial and commercial abnormal operation list and tax blacklist.

If it is still not dealt with after being included in the abnormal business list, it will be revoked.

In case of industrial and commercial abnormalities, legal persons will not be able to serve as legal persons of the new company

Tax blacklist, tax default, legal persons, executives, and shareholders who want to serve as shareholders or executives in the new company, Tax issues need to be dealt with first

After entering the integrity blacklist, legal persons and shareholders will not be able to go abroad or spend money in high-end places

Cannot take high-speed rail or airplanes

Legal persons , Shareholders will not be able to apply for immigration

Shareholders will not be able to get loans

2. How to cancel the company? Cancellation process?

There are two ways to cancel the company. One is standard cancellation, and the other is the new policy issued by the Industrial and Commercial Bureau, namely simple cancellation. The following are two logout methods compiled by Mande Enterprise Service.

Standard cancellation: registration - payment of tax control and invoices - establishment of a liquidation team to complete liquidation - local tax cancellation, national tax cancellation (business tax and value-added tax will be canceled first at whichever tax office is paid) ——Industrial and commercial deregistration

Standard deregistration period: 100 working days, a total of about 5 months

Simple deregistration: The enterprise fills out the simple deregistration announcement in the publicity system - announce and wait to see if there is anyone Raise an objection - make an announcement and wait to see if anyone raises an objection - the enterprise applies for simple deregistration

Under normal circumstances, simple deregistration can be completed within 2 months.

3. So what kind of enterprises meet the conditions for simple cancellation?

There are mainly 2 conditions, 4 types, 8 inapplicable situations, and 2 special situations.

The two conditions are:

(1) No business activities have been carried out (not opened) after receiving the business license.

(2) No business activities have been carried out before applying for cancellation of registration. Creditor's rights and debts have occurred or the creditor's rights and debts have been settled (no creditor's rights and debts)

To determine whether the conditions are met: Use the enterprise cancellation application form and the commitment letter of all investors to determine whether it belongs to the above situation. The industrial and commercial registration department will only Formal review of materials.

4 types:

(1) Limited liability company

(2) Non-corporate legal person

(3) Sole proprietorship Enterprise

(4) Partnership enterprise

The system will judge the four types of enterprises that are suitable for simple cancellation registration, and only those that meet the conditions are allowed to fill in the simple cancellation announcement.

8 types of inapplicable situations:

(1) Involving foreign-invested enterprises that implement special access management measures stipulated by the state;

(2) Being included in the list Enterprises operating in the directory with abnormal operations or in the list of enterprises with serious violations of laws and trustworthiness; (referring to enterprises that are being included in the directory with abnormal operations or in the list of enterprises with serious violations of laws and trustworthiness when applying for a simple cancellation announcement. Although the "Guidance Opinions" do not clearly stipulate this, the technical plan and the General Administration The interpretation materials of the documents make it clear that after the enterprise is removed from the abnormal list, it can still apply for simple cancellation)

(3) There are situations where the equity (investment rights) has been frozen, pledged or mortgaged;

(4) A case is being filed for investigation or administrative coercion, judicial assistance, or administrative punishment is being imposed;

(5) The unincorporated branch of the enterprise has not been deregistered;< /p>

(6) The simplified deregistration procedure has been terminated;

(7) Laws, administrative regulations or decisions of the State Council stipulate that approval is required before deregistration;

(8) Other enterprises to which simple enterprise cancellation is not applicable;

The system will impose some prior restrictions on 8 restrictive conditions. For enterprises that do not meet the conditions, they cannot fill in the simple cancellation announcement. Mandatory restrictions include at least: a list of abnormal operations, a list of serious illegal and untrustworthy enterprises, equity freeze, equity pledge, chattel mortgage (entered into the system), administrative penalties (entered into the system), underegistered branches (entered into the system) , once terminated, simple cancellation. The system currently cannot identify foreign-invested enterprises in restricted industries and enterprises that require approval before cancellation.

Two special situations:

If the people's court rules to compulsory liquidation or declares bankruptcy, the relevant enterprise liquidation team and enterprise managers can use the people's court's ruling or termination of the compulsory liquidation procedure. For the ruling on bankruptcy proceedings, an application for simple deregistration can be made directly to the original registration authority of the compulsory liquidator or bankrupt, and there is no need to make a simple deregistration announcement.

The new policy issued by the Industrial and Commercial Bureau - simple cancellation, undoubtedly releases some signals to simplify the cancellation process.

To inquire about business in each region, please click: Shanghai company registration, Shenyang company registration, Xi'an company registration

How much does industrial and commercial registration cost? Trust us with Mande Enterprise Services. The company's agency is safe and efficient, our tax consultants are professional, and Mande Enterprise Services is a one-stop service expert.