It is a violation of industrial and commercial regulations that the catering business has not been cancelled for three years.

I. the importance of business license

a business license is the legal proof of an enterprise's legal person qualification and the basis for an enterprise to operate legally and participate in market competition. The business license that has not been cancelled may cause the enterprise to be mistaken as still operating, and then lead to a series of problems, such as tax issues and contract disputes.

ii. cancellation in time after suspension of business

after suspension of business, catering enterprises shall go through the formalities for cancellation of business licenses in time in accordance with relevant regulations. The cancellation process includes the steps of submitting cancellation application to the industrial and commercial department, submitting relevant certification materials, and liquidation. Only after completing the cancellation procedures can the enterprise formally end its business activities.

Third, the legal risks of not canceling the business license

If the business license has not been cancelled for a long time, the enterprise may face the following legal risks:

1. Being listed in the business exception list by the industrial and commercial department, which will affect the credit of the enterprise;

2. The taxes, late fees and fines are recovered by the tax authorities;

3. It may involve the breach of contract, resulting in economic losses;

4. The person-in-charge may bear personal legal responsibilities, such as being included in the list of people who have been executed in bad faith.

IV. How to avoid legal risks

In order to avoid the legal risks caused by the non-cancellation of business licenses, catering enterprises should do the following:

1. Go through the cancellation procedures in time after business suspension to ensure that the enterprises can legally withdraw from the market;

2. Keep relevant certification materials for future needs;

3. Pay regular attention to the enterprise credit information publicity system to ensure good enterprise credit;

4. Strengthen legal awareness and abide by relevant laws and regulations.

To sum up:

It is a violation of industrial and commercial management regulations that restaurants have been closed for three years without canceling their business licenses, which may bring serious legal risks and administrative responsibilities to enterprises. In order to avoid such problems, catering enterprises should raise their legal awareness, handle cancellation procedures in time, and ensure that enterprises legally withdraw from the market. At the same time, strengthen enterprise credit management and pay attention to the changes of relevant laws and regulations in order to safeguard the legitimate rights and interests of enterprises.

Legal basis:

Article 212 of the Company Law of the People's Republic of China

stipulates:

If a company violates the provisions of this law and sets up another accounting book in addition to the statutory accounting book, the financial department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 51,111 yuan but not more than 511,111 yuan.

Article 29 of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons

stipulates:

If an enterprise as a legal person is under any of the following circumstances, the registration authority may impose penalties such as warning, fine, confiscation of illegal income, suspension of business for rectification, withholding and revocation of the Business License of Enterprise as a legal person according to the circumstances:

(1) Concealing the true situation and practicing fraud during registration.

(2) changing the main registered items without authorization or engaging in business activities beyond the approved and registered business scope;

(3) Failing to handle the cancellation of registration in accordance with regulations;

(4) forging, altering, leasing, lending, transferring or selling the Business License for Enterprise as a Legal Person and the duplicate of the Business License for Enterprise as a Legal Person;

(5) Evading or transferring funds or hiding property to avoid debts;

(6) engaging in illegal business activities.