Company cancellation procedures:1、Company cancellation procedures:Set up a liquidation team; (To be determined,It depends on the situation)Liquidation steps:Different laws apply to company liquidation depending on the nature of the liquidation.:1、Company liquidated due to bankruptcy,The Enterprise Bankruptcy Law and the Civil Procedure Law apply。2、Company liquidation due to non-bankruptcy(Refers to the situation where a company is voluntarily dissolved and ordered to dissolve in accordance with the law),Applicable "Company Law" and "Civil Procedure Law"。
Liquidation of the company regardless of nature,All should be expanded according to the following steps:one、Set up a liquidation team。two、Start liquidation work。The liquidation team takes over the company from the date of its establishment,Carry out the following business:1、Take over company property;2、Close the company’s unfinished business;3、collect debt、clear debt;4、Distribute remaining property;5、 Cancellation of company legal personality,Revoke business license。three、Notify creditors to declare claims。Four、Propose a liquidation plan。
The liquidation team is cleaning up the company's property、After preparing the balance sheet and property inventory,Proposed liquidation plan,Report to the shareholders’ meeting for discussion and approval or the competent authority for confirmation.。The main contents of the liquidation plan include:1、liquidation
cost
;2、Employee wages payable、labor insurance premium;3、taxes payable;4、Pay off company debt。five、Distribute remaining property。six、End liquidation。
1、After finalizing the distribution, the liquidation group,A final liquidation report should be prepared,After reporting to the shareholders’ meeting or the competent authority for approval,Apply for cancellation of company legal person status,Revoke business license。
2、The Industrial and Commercial Bureau obtains the relevant documents for deregistration and;Notice of cancellation(three times);3、Handle tax cancellation registration;4、Handle industrial and commercial deregistration,Equity transfer first!.Equity Transfer Procedure:Equity is owned by shareholders,So of course the transfer money will be paid directly to the shareholder’s account.,It’s the same as paying you when you sell something. Foreign investment forms equity.,If the company is invested in the form of a legal person shareholder,,Equity changes (transfers) should be made before the company is cancelled.。
5、There are two kinds:external transfer,So the price may not be ideal;internal transfer,The equity is to be transferred (changed) to the name of the current natural person shareholder of the company.,Change the legal person shareholder of the joint venture company Zhongyuan to a natural person shareholder,This only changes the nature of the identity,Equity remains unchanged,You won’t be in a hurry to transfer and suffer a price loss.,Unless the original company intentionally gives up,or difficulty in coordinating among shareholders。
Legal basis for company deregistration(one)"Company Law of my country"(Presidential Order No. 42 of 2005);(two) "my country's Company Registration and Management Regulations"(Order No. 156);(three)《企业登记程序规定》工商总局2004.9号令。
Foreign company cancellation process Foreign company cancellation materials:1、Enterprise cancellation application form;2、公司章程规定的权力机构做出的决议或决定;3、Liquidation report or document in which the liquidation organization is responsible for clearing claims and debts; Liquidation audit report and liquidation report;4、A cancellation notice has been published in XX newspaper(The newspaper should be a publicly circulated newspaper);5、税务机关以及海关出资的完税证明;6、government departments
Require
Who needs or can be responsible for the other relevant information clearing team??1.The members of the liquidation team shall be three persons appointed by the investor.,Can be represented by the investor、Company legal representative and supervisor(Or the general manager or anyone else can)take charge of。
Since there is no business,Just create basic files,Just write down the situation。2.First, request the Commerce Commission to issue an approval document for the cancellation of foreign-invested enterprises.,after issuance,Ask the accounting firm to issue a cancellation audit report,Then ask the tax administrator to handle the cancellation procedures,The tax administrator will verify the tax payment status,核查凭证,Then follow the internal tax procedures。
After the internal tax verification is completed,会出具税务完税证明文件,Agree to go through the cancellation procedures。
Foreign-invested company cancellation procedures:1、Cancellation application from the Commerce Bureau;2、Deregistration application from the tax bureau;3、Cancellation application from customs;4、Cancellation application from the Industrial and Commercial Bureau;5、Cancellation application from the State Administration of Foreign Exchange;6、Cancellation of the account opening bank;7、Cancellation application from the Technical Supervision Bureau;8、Cancellation application from the Bureau of Statistics;9、Cancellation application from the Finance Bureau;10、Deregistration application from the public security department。Related products:深圳公司注销超详细流程
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