Port communicationThe relevant legal provisions on company cancellation are based on Article 184 of the "Company Law of the People's Republic of China"、Article 185、Article 186、Article 187、Article 188、Article 189，After the deregistered company is organized and liquidated in accordance with the following procedures according to law,，Only in order to handle deregistration，Announcement of Termination of the Company。one、Establish a liquidation group in accordance with the law。The company shall establish a liquidation committee within fifteen days from the date when the reasons for dissolution arise.，Start liquidation。
The liquidation group of a limited liability company is composed of shareholders，The liquidation committee of a joint stock company shall be composed of directors or persons determined by the general meeting of shareholders。Failure to establish a liquidation group for liquidation within the time limit，Creditors may apply to the People's Court to appoint relevant personnel to form a liquidation team for liquidation.。The People's Court shall accept the application，And promptly organize a liquidation team to carry out liquidation。two、Announce and notify creditors to declare their claims，Register claims according to law。
The liquidation team shall notify creditors within ten days from the date of its establishment，and publish an announcement in the newspaper within sixty days。The creditor shall within thirty days from the date of receipt of the notice，If the notice is not received, within 45 days from the date of announcement，Declare its claims to the liquidation team。Creditors declare claims，Matters related to the creditor's rights should be explained，and provide supporting materials。The liquidation team shall register the claims。During the reporting period，The liquidation team shall not pay off creditors。
three、Liquidation team takes over the company，Start liquidation work。The liquidation team takes over the company from the date of its establishment，Close the company’s unfinished business、Clean up company claims and debts、Dispose of the remaining property after the company pays off its debts、Pay the taxes owed and the taxes incurred during the liquidation process、Represent the company in civil litigation activities。Four、The liquidation team comprehensively cleans up the company's property、Prepare balance sheet and property inventory。
five、The liquidation team formulates a liquidation plan，and report to shareholders meeting、Confirmed by the general meeting of shareholders or the people's court。in：The liquidation team is cleaning up the company's property、After preparing the balance sheet and property inventory，It is discovered that the company's assets are insufficient to pay off debts，Application should be made to the People's Court for declaration of bankruptcy in accordance with the law。After the company was declared bankrupt by the people's court,，The liquidation team shall transfer the liquidation matters to the People's Court。
six、According to the shareholders meeting、The liquidation plan confirmed by the shareholders' meeting or the people's court distributes the company's property。The company's property is paid and liquidated separately
cost
、employee wages、social insurance
cost
and statutory compensation，Pay taxes owed，The remaining property after paying off the company’s debts，A limited liability company distributes capital according to the proportion of shareholders' capital contributions，A joint stock company distributes shares according to the proportion of shares held by shareholders。liquidation period，Company survival，However, no business activities unrelated to liquidation are allowed。
Before the company's property is paid off in accordance with the provisions of the preceding paragraph,，Not available for distribution to shareholders。seven、Prepare liquidation report，Report to shareholders meeting、After confirmation by the shareholders' meeting or the People's Court，Apply to cancel company registration，Announcement of company termination。After the company is liquidated，The liquidation team shall prepare a liquidation report，Report to shareholders meeting、Confirmed by the general meeting of shareholders or the people's court，and submit it to the company registration authority，Apply to cancel company registration，Announcement of company termination。
Company cancellation conditions
- The company was declared bankrupt according to law；
- The company's articles of association stipulate that the business period expires or other reasons for dissolution occur.；
- The company merged、Divide and dissolve；
- The company was ordered to close according to law，Can you apply for cancellation? Does a canceled company need to pay back social security? At the State Council executive meeting on September 18，The Prime Minister emphasized，Must be deployed in accordance with the overall plan that does not increase the burden on the enterprise，Ensure the stability of existing social security collection policies，Before the reform of the social security collection agency is in place，Unauthorized adjustments to existing social security policies are not allowed。
in addition，The Prime Minister also said，Currently, the country’s cumulative pension balance is relatively large，Can ensure timely and full payment。From this it can be seen，The decision to transfer social security insurance to the tax department for unified collection，It’s just a change in the subject of collection，The current social security fee collection policy has not been adjusted。 According to the State Council
Require
，The new social security policy is expected to reduce the social security payment ratio of units，Generally speaking, it will not increase the payment burden of enterprises.。
And before the reform of the social security collection agency is in place,，Current social security payment base in various regions、Rates and other related collection policies，must remain unchanged。and，The prerequisite for an enterprise to pay social security for its employees is the existence of a labor relationship，If there is no labor relationship, there is no need to pay social security。
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