Is the legal person still valid when the business license is revoked?

(1) The company lost the right to produce and operate. Like most countries, all kinds of enterprises in China implement the system of confirmation and permission, and organizations without confirmation and permission are strictly prohibited from entering the market, and offenders are punished as illegal. Those who are light have their property and fines confiscated and banned according to law, while those who are heavy may bear criminal responsibility in addition to their property and fines confiscated and banned according to law.

(2) Loss of the right to request legal protection. The law only protects and adjusts the legal acts of qualified subjects and other acts related to legal acts, and does not protect illegal acts. Once a company's business license is revoked, all its business activities are illegal. You can't ask yourself or others to do or not do it.

(3) Loss of the right of final relief. The revocation of the company's business license does not mean that the legal person qualification will be eliminated immediately, but only that all activities outside the liquidation scope will be stopped. According to the provisions of the Civil Code and the Regulations on the Administration of Registration of Enterprise as a Legal Person, after the business license of an enterprise as a legal person is revoked, the superior department in charge of the enterprise or the enterprise itself shall organize a liquidation group for liquidation. From the end of the liquidation procedure to the cancellation of the industrial and commercial department, you can still engage in activities within the liquidation scope in your own name or in the name of the liquidation group (the liquidation group has been established), including prosecution and responding to the lawsuit. , with the qualification of civil litigation subject.

The impact of business license revocation on legal persons is as follows: 1. The industrial and commercial blacklist is limited to three years, and the legal representative cannot set up a new company within three years and cannot serve as the legal representative or person in charge of other enterprises; 2. Taxes will restrict life. Taxation not only restricts legal persons and responsible persons, but also includes senior managers such as shareholders, supervisors and financial personnel. Other companies under its name cannot file tax returns normally and cannot participate in the bidding of state-owned enterprises; 3. An enterprise as a legal person can't get social security, can't get loans and can't emigrate; 4, limit high consumption, can't fly and high-speed rail, and children can't study abroad; 5. Information such as legal representative will be transmitted to the database of black card enterprises in the national industrial and commercial system to realize national supervision, and bad records will be simultaneously included in the national financial credit information system; 6. Within 3 years after its business license is revoked, the name of the enterprise shall not be reused; 7. The bank's personal bad credit record will be kept for seven years, and it will be fined. Personal bad credit records will enter the credit information system.

Legal analysis:

Company Law of the People's Republic of China

Article 186 stipulates that the liquidation group shall, after clearing the company's assets and compiling the balance sheet property list, formulate a liquidation plan and report it to the shareholders' meeting, shareholders' meeting or people's court for confirmation.

Article 188 stipulates that 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.