Consequences of shell companies not being cancelled

The company will be listed in the list of abnormal business operations and the tax blacklist for a long time. If it is not disposed of after being included in the business exception list, its business license shall be revoked. Legal persons will not be allowed to serve as legal persons, executives and shareholders of the new company. If they want to be shareholders and executives of the new company, they need to get rid of the tax items first and enter the credit list. Legal persons and shareholders will not be able to go abroad, spend money in higher places, and take high-end transportation such as high-speed rail and airplanes. Legal persons and shareholders will not be able to go through immigration procedures, shareholders will not be able to obtain loans, and personal integrity will be greatly reduced.

First, it will be warned and fined by the registration authority.

1. According to Article 30 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC), if an enterprise legal person fails to cancel its registration in accordance with the regulations, the registration authority may give a warning and a fine respectively according to the situation;

When an enterprise as a legal person is punished according to the above provisions, the administrative responsibility and economic responsibility of the legal representative shall be investigated according to the circumstances of the illegal act; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law. When dealing with the illegal acts of an enterprise as a legal person, the registration authority must find out the facts and deal with them according to law, and notify the parties concerned in writing of the decision.

2. According to Article 32 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC), if an enterprise legal person refuses to accept the punishment of the registration authority, it may apply to the registration authority at the next higher level for reconsideration within 15 days from the date of receiving the notice of punishment. The superior registration authority shall make a reconsideration decision within 30 days from the date of receiving the application for reconsideration.

3. If the applicant refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of reconsideration. If a complaint is not filed and a fine is not paid within the time limit, the registration authority may apply to the people's court for compulsory execution in accordance with the prescribed procedures.

Two. Company cancellation procedure

During the cancellation process, the company needs to cancel the corresponding accounts in the following seven departments or institutions:

1. Social Security Bureau: Check whether there are unpaid social security fees, and then cancel the company's social security account.

Tax official: Check whether there are any unpaid taxes or fees, and then cancel the national tax and local tax of the company.

3. Newspaper media: The company needs to publish itself in the newspaper and announce that the company is about to cancel.

4. Industry and Commerce Bureau: handle the company's record cancellation and cancel the business license.

5. Opening bank: cancel the company's account opening license, basic bank account and other accounts.

6. Quality Supervision Bureau: Go to the Quality Supervision Bureau to cancel the company's license, such as production license.

7. Public security organ: the legal effect of canceling the company seal (the seal itself may not be handed in).

legal ground

Company Law of the People's Republic of China

Article 88 When the promoters offer shares to the public, they shall sign an agreement with the bank to collect shares.

The bank that collects the shares shall collect and keep the shares in accordance with the agreement, issue a receipt to the subscribers who paid the shares, and have the obligation to issue a receipt to the relevant departments.

Article 188 After the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration and announce the termination of the company.

Regulations of People's Republic of China (PRC) Municipality on the Administration of Registration of Market Subjects

Article 3 Market entities shall register in accordance with these Regulations. Without registration, it is not allowed to engage in business activities in the name of market entities. Except those that do not need to be registered as stipulated by laws and administrative regulations.

The registration of market entities includes establishment registration, change registration and cancellation registration.