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How to cancel a company if it is revoked?
The cancellation procedures that a company should perform after its business license is revoked
01 Establish a liquidation team
After a company is revoked, a liquidation team should be established within 15 days to start liquidation. In practice, some companies fail to set up a liquidation team on time. In this case, corresponding late payment fees will be incurred. The company should first pay the late payment fees before proceeding with liquidation. The liquidation team of a limited liability company shall be composed of shareholders, while that of a joint-stock company shall be composed of persons determined by the board of directors or the general meeting of shareholders, or may be composed of an intermediary agency designated by the people's court.
02 Cancellation Announcement
The liquidation team shall notify creditors within ten days from the date of establishment and publish an announcement in a newspaper within sixty days. Creditors shall declare their claims to the liquidation committee within thirty days from the date of receipt of the notice, or within forty-five days from the date of announcement if the notice is not received. In practice, the industrial and commercial department will notify newspapers that comply with the newspaper announcement. Cancellation procedures can only be processed forty-five days after registration.
03
Going through tax cancellation
After the company is revoked, it should go through the tax cancellation procedures within fifteen days: 1. Cancel tax control equipment; 2. Window Manually declare and cancel the value-added tax of the current month/quarter; 3. Social security cancellation; 4. Apply for cancellation. When applying for cancellation, you should bring the original list of canceled tax control equipment, the administrative penalty decision on revocation of the business license issued by the industrial and commercial department, and the original and copy of the industrial and commercial business license (if the company has not applied for the "three certificates in one", it should also bring the original tax registration certificate. Original copy or local tax payment information list), official seal, shareholders' meeting resolution issued by the company (signed by all shareholders and stamped with official seal), tax clearance declaration form (bring the official seal to collect on site), and the original ID card of the real-name tax handler.
Those who meet one of the following circumstances may be exempted from going to the tax authorities to apply for a tax clearance certificate and apply directly to the market supervision department for simple deregistration: 1. Have not handled tax-related matters; 2. Have handled tax-related matters. Tax matters but no invoices have been received and there are no outstanding taxes (late payment fees) and fines.
04? Bank account cancellation
Bring the tax cancellation receipt, the administrative penalty decision on revoking the business license, the company seal, a copy of the legal representative’s ID card, and the handler’s ID card The original and photocopy, power of attorney, bank account opening license, and seal card should be taken to the bank where the company account is located to cancel the bank account.
05 Cancellation of the company's official seal
Carry with you the administrative penalty decision on the revocation of the business license, the company's seal registered with the public security department, a copy of the legal representative's ID card, and the handler's ID card The original, photocopy, and power of attorney must be taken to the public security agency where the seal was registered to cancel the official seal.
06 Industrial and Commercial Cancellation
After the expiration of the newspaper announcement period, the industrial and commercial cancellation procedure can be processed. Bring the newspaper with the announcement, the liquidation report, the tax cancellation receipt, the resolution of the shareholders' meeting or the board of directors, the administrative penalty decision on the revocation of the business license, fill in the cancellation application form, and after the industrial and commercial department has reviewed and approved it, issue a cancellation notice to complete the industrial and commercial cancellation .
Judging from past case experience, there may be differences in the details of how companies whose business licenses have been revoked handle deregistration in different regions. Therefore, it is recommended that enterprises communicate with relevant local departments in a timely manner to ensure the smooth progress of the deregistration work.
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