据国家市场监管总局最新商事登记政策,In order to further deepen the reform of the commercial system,完善市场主体退出机制,解决企业反映的简易注销登记适用范围有限、Announcement time is too long、Problems such as low fault tolerance rate in the registration process,对包括深圳市在内的27个市、区将开展完善企业简易注销登记改革试点工作。
Failure to carry out business activities after obtaining a business license、Unlisted joint-stock companies that have not incurred any claims or debts or have completed the liquidation of claims and debts before applying for deregistration、Various corporate branches,Simple deregistration procedures for applicable enterprises。For farmers’ professional cooperatives and their branches that meet the above conditions,Refer to the simplified deregistration procedures for applicable enterprises。
Unlisted joint stock limited company applies for simple deregistration,You only need to submit the "Application Form", "Authorization Letter of Designated Representative or Joint Agent", "Commitment Letter of All Sponsors" and the official business license.、copy。Various types of enterprise branches apply for simple deregistration,You only need to submit the "Application Form" and "Power of Attorney for Designated Representative or Joint Agent"、The "Letter of Commitment" stamped by the enterprise and the correct business license、copy。
The announcement time for simple enterprise deregistration is shortened from 45 days (natural days) to 20 days (natural days),Within 30 days (natural days) after the expiration of the announcement period,Enterprises should apply to the registration authority for cancellation of registration。
企业存在“被列入企业经营异常名录”、“There is equity (investment interest) frozen、Pledge or chattel mortgage, etc.”、"The unincorporated branch of the enterprise has not been deregistered" and other cases where the simple deregistration procedure is not applicable,需申请解除异常且待异常状态消失后,企业可再次依程序申请简易注销登记。
For the text of the letter of commitment、Companies that fill in irregular forms,The registration authority will accept the simple cancellation application after the enterprise has made corrections.。Where the People's Court rules on compulsory liquidation or declares bankruptcy,Relevant enterprises may apply to the registration authority for simple deregistration.,No need to go through the simple cancellation announcement procedure。
For enterprises that provide false materials to defraud simple deregistration,Relevant interested parties may rely on the "Supreme People's Court's Regulations on the Application of<公司法>Provisions on Certain Issues (2)",Apply to the People's Court to protect one's legitimate rights and interests。
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