1, do not write off the company will cause what consequences?
The company is not canceled, let go of the enterprise will be included in the abnormal business list, tax blacklist.
The inclusion of abnormal business list is still not dealt with, will be revoked.
Industrial and commercial abnormalities, the legal person will not be able to serve as a legal person of the new company
Tax blacklist, unpaid tax behavior, legal persons, executives, shareholders want to serve as shareholders in the new company, executives, you need to deal with the tax problem
Entering the integrity of the blacklist, the legal person, the shareholders will not be able to leave the country, can not be consumed in high-grade places
Not be able to take the high-speed rail, airplanes
Legal persons and shareholders will not be able to apply for immigration
Shareholders will not be able to take out loans
2. How to cancel the company? The process of deregistration?
The method of canceling the company is now divided into two, one is the standard cancelation, one is the new policy of the Industrial and Commercial Bureau, that is, simple cancelation. The following is the two methods of cancellation organized by Mandel Enterprise Services.
Standard deregistration: newspaper - payment of tax control, invoices - the establishment of a liquidation group, to complete the liquidation - local tax deregistration, state tax deregistration (business tax, value-added tax in which the tax office to pay, the first deregistration). (business tax and VAT will be canceled in which tax office) - industrial and commercial write-off
Standard write-off cycle: 100 working days, totaling about 5 months
Simplified write-off: Enterprises fill out a simple write-off notice in the public notification system - announcements, waiting to see if anyone raises objections - announcements, waiting for Someone to raise objections - announcement, waiting for whether someone to raise objections - the enterprise to apply for simple deregistration
Normal circumstances, the simple deregistration can be completed within 2 months.
3, then what kind of enterprises are eligible to do the conditions of the simple write-off?
There are 2 main conditions, 4 types, 8 kinds of exclusions, 2 kinds of special circumstances.
The two conditions are:
(1) not carrying out business activities after obtaining the business license (not open)
(2) not incurring debts before applying for deregistration or having settled debts (no debts)
To determine whether the conditions are met: through the application form for deregistration of the enterprise and the commitment of all the investors to determine whether it belongs to the above circumstances. In the above case, the industrial and commercial registration department only makes a formal examination of the materials.
4 types:
(1) Limited Liability Company
(2) Unincorporated Corporate Entity
(3) Wholly Individually Owned Enterprise
(4) Partnership Enterprise
The system will judge the 4 types of enterprises applicable to the simplified deregistration and only those that meet the conditions will be permitted to fill in the simplified deregistration notice.
8 kinds of inapplicable situations:
(1) foreign-invested enterprises involved in the implementation of special management measures for access as stipulated by the state;
(2) enterprises listed in the list of enterprises operating abnormally or the list of enterprises in serious violation of the law and breach of trust; (referring to the enterprises that are being listed in the list of enterprises operating abnormally or the list of enterprises in serious violation of the law and breach of trust at the time of applying for simplified deregistration announcements, the "Guidance", though Although the "Guidance" does not specify, but the technical program and the General Administration of the interpretation of the document materials are clear that the enterprise to move out of the list of abnormalities, you can still apply for a simple write-off)
(3) the existence of equity (investment interests) are frozen, pledged or movable assets mortgaged, etc.;
(4) there are being investigated or taken to take the administrative coercion, judicial assistance, be subjected to administrative penalties and other circumstances;
(5) The unincorporated branch of the enterprise has not been registered for deregistration;
(6) The simplified deregistration procedure has been terminated;
(7) Laws, administrative regulations or decisions of the State Council provide that approval is required prior to the deregistration;
(8) Other enterprises that are not applicable to the simplified deregistration of the enterprise;
The system will be eight kinds of restrictive conditions part of the prior restrictions. For enterprises that do not meet the conditions, they cannot fill in the simplified deregistration notice. The mandatory restrictions include at least: business abnormality list, list of enterprises in serious violation of the law and breach of trust, equity freezing, equity pledging, movable property mortgage (if already entered into the system), administrative punishment (if already entered into the system), failure to cancel branches (if already entered into the system), and once terminated from the simplified deregistration. Foreign-funded enterprises belonging to restricted industries and enterprises requiring approval for write-off cannot be identified by the system at present.
2 Special Cases:
Where the People's Court has ruled on compulsory liquidation or declared bankruptcy, the relevant enterprise liquidation group and enterprise administrator may hold the People's Court's ruling on the termination of the compulsory liquidation proceedings or the ruling on the termination of the bankruptcy proceedings, and apply directly to the original registration authority of the person being compulsorily liquidated or the bankrupt to apply for the registration of the summary write-off, and the announcement of the summary write-off is not required.
The new policy out of the Bureau of Industry and Commerce - the simplified cancellation - is undoubtedly a release of some signals to simplify the cancellation process.
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