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Reasons why the company's business license was revoked,What are the dangers of revoking a business license?

Reasons for the company's business license to be revoked,What are the dangers of revoking a business license??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。

  1. What are the dangers of having the Industry and Commerce Bureau revoke your business license??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of the State Administration for Industry and Commerce,The name of an enterprise whose business license has been revoked shall not be used within three years.。

Article 57 of the Company Law,Served as a company whose business license was revoked due to violation of laws、Legal representative of the enterprise,and bear personal responsibility for the company's illegal acts,Since the company、It has not been more than three years since the company’s business license was revoked,Not allowed to serve as a director of a company、supervisor、manager。2、Six major reasons that lead to the revocation of a company's business license. The situations in which Chinese companies have their business licenses revoked can be summarized into the following six types::(1)False registration。

That is, with various false documents(Contains false registered capital certificates, etc.)Fraudulent registration situations。(2)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.。(3)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.。(4)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。(5)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。(6)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。

  1. The legal consequences of a company's business license being revoked. Revoking the business license only cancels the company's business qualifications.,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,。 The company violated the Company Law, Company Registration and Management Regulations, etc.,After the business license has been revoked or revoked,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。

After the company’s business license was revoked,What specific rights and qualifications have been lost??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?。

Fortunately, [Manager Peng Yi] helped me solve my problems.,The following solution is given:For more information about the company being revoked or abnormal situations, please consult [Manager Peng Yi],Hong Kong Xintong has been deeply involved in commercial services in Shenzhen for 14 years,Processing the deregistration of a revoked enterprise,He has unique insights and successful experience in handling abnormal situations in business, industry and finance.。

For details, please consult Hong Kong Information Communications senior consultants:Hong Kong Telecom contact number:Same as WeChat) Office address:Introduction to recommended service organizations: Hong Kong Xintong Business Co., Ltd.,Headquartered in,Since its establishment in 2005,Rely on an elite team、Deep resources、Precise service,Successfully provided high-quality financial and business services to tens of thousands of companies and individuals。

Hong Kong Xintong has been deeply involved in commercial services in Shenzhen for 14 years,With unique understanding of China’s economic development direction and strategic planning practice,Won the first batch of "Qianhai Excellent Investment Partners" from the Shenzhen Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone Administration;Honorary titles such as "Executive Director of Shenzhen Federation of Commerce" and "Vice Chairman of Shenzhen Small and Medium Enterprises Public Service Alliance",And continue to work in the Guangdong Free Trade Zone,Provide one-stop services for domestic and overseas enterprises to global enterprises、Accounting agency、tax planning、Enterprise exception handling、Application for various enterprise qualification licenses、Application for full financial license、License plates in Guangdong and Hong Kong、Office space rental、Overseas business handling、Shenzhen construction qualification transfer、Listed on the Science and Technology Innovation Board、Qianhai New Fourth Board Listed、Foreigner visa application。

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。Even less

Require

Actions or omissions by oneself or others。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,You can still do so in your own name or in the name of a liquidation group(A liquidation group has been established)Engage in activities within the scope of liquidation,including prosecution、Responding to a lawsuit, etc.,It has the subject qualifications for civil litigation。


About Hong Kong Xintong

Hong Kong Xintong focuses onGuangdong and Hong Kong license platesShenzhen Hazardous Chemicals Business LicenseShenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services,Assist customers to applyShenzhen travel agency business licenseShenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant

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