Revoke corporate business license,It is an administrative penalty imposed by the Administration for Industry and Commerce on illegal enterprise legal persons in accordance with the national industrial and commercial administrative regulations.。After the corporate legal person has its business license revoked,Liquidation should be carried out in accordance with the law,After the liquidation process is completed and industrial and commercial deregistration is processed,,The legal talent of the enterprise will be eliminated。
吊销营业执照对企业的限制与影响
The revocation of a business license will impose certain restrictions on the enterprise, its legal representative and directly responsible persons。Article 31 of the "Measures for the Administration of Enterprise Name Registration" of the State Administration for Industry and Commerce,The name of an enterprise whose business license has been revoked shall not be used within three years.。
Article 57 of the Company Law,Served as a company whose business license was revoked due to violation of laws、Legal representative of the enterprise,and bear personal responsibility for the company's illegal acts,Since the company、It has not been more than three years since the company’s business license was revoked,Not allowed to serve as a director of a company、supervisor、manager。
导致公司营业执照被吊销的六大原因
我国企业吊销营业执照的情形可归纳为以下六种:
- False registration。即以各类虚假文件(含虚假注册资本证明等)骗取注册的情形。
- Failure to open or close business without reason。Article 225 of the Company Law、Article 62 of the "Company Registration Management Ordinance" stipulates that:The company fails to open business for more than 6 months without justifiable reasons after its establishment,or voluntarily ceases business for more than 6 consecutive months after opening,Business license revoked by company registration authority。Except that this is not included in the "Partnership Enterprise Registration and Management Measures","Measures for the Registration and Management of Sole Proprietorships"、The "Enterprise Legal Person Registration and Management Regulations" expressly stipulate this as a reason for revoking a business license.。
- Do not apply for cancellation。That is, it has gone bankrupt or has been dissolved and liquidated but has not deregistered it.,For this enterprise that exists in name only,Can revoke its business license。Except that the "Registration and Management Measures for Sole Proprietorship Enterprises" does not stipulate this,Other enterprise registration regulations allow this to be used as a reason for revoking a business license.。
- Avoid annual inspection。Enterprise annual inspection system,It is intended to review the company's operating status annually and file and publicize it.,This is a necessary means for the state to manage enterprises and maintain business order.,Corporate laws in most countries have similar systems。
- Abuse of license。The license is issued to a specific object,The content on the license is also specially recorded after specific review.,In principle, the license itself cannot be used as a means of making profit,any forgery、alter、rent、lend、Transfer of business license,All of them actually undermine the order of license issuance.,All may lead to the revocation of business license.。at this point,Almost all enterprise registration management regulations have been stipulated。
- Illegal business。Specifically, it can be divided into two types of situations:One is ultra vires operation beyond the scope of business,This is in the "Company Registration Regulations"、There are provisions in the "Regulations on the Registration and Management of Enterprise Legal Persons";Second, operations that violate various laws and regulations。For example, Articles 49-53 and 56 of my country’s Product Quality Law stipulate 6 illegal business situations that can revoke a business license.;Article 51 of the Consumer Rights Protection Law also clearly stipulates 9 circumstances under which a business license can be revoked。
公司被吊销营业执照的法律后果
吊销营业执照只是取消了公司的营业资格,Its legal personality continues to exist,Only after logging out,The legal personality of the company is destroyed。However, because the company's business license ostensibly integrates the company's business qualifications and legal person qualifications,,公司因违反公司法及公司登记管理条例等规定被吊销营业执照或撤销后,Often canceled directly by the registration authority ex officio。
vague definition in legislation,leading to these erroneous practices in practice。The new company law clarifies that the revocation and revocation of a business license in accordance with the law is a reason for company dissolution。procedurally,After the company's business license was revoked and revoked,Business activities should be stopped,and organize liquidation in accordance with the law,after liquidation,Handle deregistration。After the company’s business license was revoked,All operations and business-related activities must be terminated,Otherwise, it is illegal business。
The most obvious legal consequence after a business license is revoked is the loss or temporary loss of legal personality.。According to relevant provisions of civil law,The civil rights capacity and behavioral capacity of an enterprise legal person arise from the establishment of the legal person.,Destroyed when the legal person terminates。
吊销营业执照后丧失的具体权利与资格
After clearly understanding the causes and consequences of the company being revoked,,I regret that I shouldn’t have ignored it in the first place,I thought there would be no problem if I left it alone.,Who knew it would be so troublesome now?。还好52代办网帮我排忧解难,The following solution is given:更多关于企业被吊销或异常情况请咨询52代办网,52代办网深耕深圳商事服务十四年,Processing the deregistration of a revoked enterprise,He has unique insights and successful experience in handling abnormal situations in business, industry and finance.。
first,The company lost its production and management rights。All types of enterprises in our country have the same market access as most countries,Implement a confirmation licensing system,Organizations without a confirmed license are strictly prohibited from entering the market,Violators will be punished as illegal。In minor cases, property and fines will be confiscated and banned in accordance with the law.,In serious cases, in addition to confiscation of property and fines and ban and punishment in accordance with the law,,may also bear criminal liability。
Secondly,Lost the right to claim legal protection。The law only protects and regulates the legal behaviors of qualified subjects and other behaviors related to legal behaviors.,without protecting illegal behavior,Once a company's business license is revoked,All its business activities are illegal。更不能要求自己或他人作为或不作为。
again,Loss of last resort right。The company's business license has been revoked,It does not mean that the legal personality will be eliminated immediately.,All activities except liquidation are stopped。
According to Article 40 of the "General Principles of Civil Law of the People's Republic of China"、Article 46 and Article 20 of the "Regulations on the Registration and Management of Enterprise Legal Persons"、Article 33,After the corporate legal person has its business license revoked,Liquidation shall be carried out by the enterprise's superior administrative department or by the enterprise's own liquidation team.。From the end of the liquidation process to the time of cancellation by the industrial and commercial department,仍可以自己名义或清算组名义(已成立清算组)从事清算范围内的活动,including prosecution、Responding to a lawsuit, etc.,It has the subject qualifications for civil litigation。
For details, please consult Hong Kong Information Communications senior consultants:52代办网联系电话:Same as WeChat) Office address:


