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What is the impact of non cancellation of shell companies on legal persons

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What is the impact of non cancellation of shell companies on legal persons


        

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  • 2024-06-14 20:01:43

    According to the relevant regulations, before the cancellation of the original company, the legal personality of the original company still remains unchanged, the original debt and creditor's rights are still assumed by the original company, and the influence scope of the enterprise that has not been cancelled for a long time will be extended to the individual credit investigation project of the enterprise legal person, whose influence involves being blacklisted by the Administration for Industry and Commerce, and being unable to register other companies in his own name within three years; Personal bad reputation record will be kept for 7 years; Tax authorities impose large fines; No other companies can be established in the future; Overseas travel passports will also be seriously affected.
    The company will not be cancelled for a long time, and will be included in the list of abnormal industrial and commercial operations and the tax blacklist regardless of the laissez faire. If it is still not disposed after being included in the list of abnormal operations, the business license will be revoked. The legal person will not be able to act as the legal person, senior manager or shareholder of the new company. If you want to act as the shareholder or senior manager of the new company, you need to first dispose of the tax project and enter the credit list. Legal persons and shareholders will not be able to go abroad, spend money in high places, travel by high-speed rail, aircraft and other high-end means of transportation, go through immigration procedures, lend money to shareholders, and their personal integrity will be greatly reduced. Given that the above are serious consequences of the company's long-term non cancellation, it is recommended to transfer or cancel the company that has not been used for a long time, To avoid the loss caused by the company's long-term non cancellation.
    What are the steps to cancel the company?
    1. Tax cancellation
    It is required to carry the original legal person ID card, company license and all seals to cancel tax in the jurisdiction.
    2. Filing of liquidation group
    Before going through the company cancellation procedure, the company must be liquidated according to law, including the termination of production, operation and sales activities, the settlement of company affairs, the settlement of civil litigation, the liquidation of creditor's rights and debts, and the distribution of surplus property.
    3. Publication
    During the liquidation period of the company, it can be published in the newspaper, which needs to be published in the newspaper recognized by the local industry and commerce bureau.
    4. Cancellation of license
    After the announcement in the newspaper, take the company's application for cancellation of registration, resolution of the board of directors or shareholders' meeting, business license (original and duplicate), newspaper and other required materials to the industrial and commercial bureau where the company is registered for cancellation of the company's business license.
    5. Hand in all seals for cancellation
    The public security organ registered with the company seal shall hand in and cancel the legal effect of the company seal. If there is a bank account, you need to cancel the bank account first, and then hand in all seals. To sum up, if the company does not cancel for a long time, the property will be included in the list of industrial and commercial abnormal operations and the tax blacklist. The lawyer suggests that the company you have not used for a long time should be cancelled in time to avoid unnecessary losses. Article 188 of the Company Law [Cancellation of the Company] After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' assembly or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration, and announce the termination of the company. Article 211 Where a company fails to commence business for more than six months without justifiable reasons after its establishment, or voluntarily suspends business for more than six consecutive months after its commencement, the company registration authority may revoke its business license.
    Where a company's registered items are changed and the relevant change registration is not handled in accordance with the provisions of this Law, the company registration authority shall order it to register within a time limit; If it fails to register within the time limit, it shall be fined not less than 10000 yuan but not more than 100000 yuan.

  • company law Relevant knowledge

  • law

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