What will happen if the company cancels?

If the company's license is revoked and it fails to apply for cancellation in time, there will be the following legal risks:

1, fines and fines

According to the Companies Registration Ordinance

Article 68 When the registered items of a company change, if the relevant change registration is not handled in accordance with the provisions of these Regulations, the company registration authority shall order it to register within a time limit; Failing to register within the time limit, a fine ranging from 6,543,800 yuan to 6,543,800 yuan will be imposed.

Among them, the change of business scope involves projects that must be approved by laws, administrative regulations or the State Council decisions, and the business license is revoked if the relevant business activities are not approved.

2. The legal representative enters the blacklist.

According to the fourth paragraph of Article 147 of the Company Law, a person who acts as the legal representative of a company whose business license has been revoked due to violation of the law and is ordered to close down, and who is personally responsible, may not serve as a director, supervisor or senior manager of the company if it has not been more than three years since the date of revocation of the business license of the company.

Article 4, paragraph 5, of the Regulations on the Administration of Registration of Legal Representatives of Companies as Legal Persons: A person who acts as the legal representative of a company whose business license has been revoked due to violation of the law and is personally responsible for the company's illegal acts may not act as the legal representative of other companies if it has not been more than three years since the date of revocation of the company's business license.

3. Joint and several liability of shareholders

According to article 18 of the Supreme People's Court's Provisions on the Application of Certain Issues, if the shareholders of a limited liability company, directors and controlling shareholders of a joint stock limited company fail to perform their obligations, resulting in the loss of the company's main property, account books and important documents, and the creditors claim to be jointly and severally liable for the company's debts, the people's court shall support them according to law.

4. Responsibility of directors, controlling shareholders and actual controllers to pay off debts.

According to Article 20 of the Provisions of the Supreme People's Court on the Application of Certain Issues (II): If the company fails to go through the cancellation of registration without liquidation, and the creditors claim that the shareholders, directors, controlling shareholders and actual controllers of a limited liability company shall be liable for paying off the debts of the company, the people's court shall support it according to law.

5. It will involve unlicensed operation. A company whose business license has been revoked shall return the official seal of the business license and the special seal for the contract to the original registration authority. Those who refuse to return it are in violation of the provisions on registration management, and may request the local public security organ to assist in the collection. Those who engage in business activities with a business license that should be confiscated shall be treated as unlicensed. If a crime is constituted, criminal responsibility shall be investigated according to law.

Extended data

The business license of an enterprise will be revoked under any of the following circumstances.

(1) When the company is registered, the registered capital is falsely reported to obtain the company registration, and the circumstances are serious;

(2) Submitting false certification documents or obtaining company registration by other fraudulent means when handling company registration, and the circumstances are serious;

(3) If the company fails to start business for more than 6 months after its establishment without justifiable reasons, or fails to start business for more than 6 months after its opening, the company registration authority shall revoke its business license;

(4) The company fails to apply for cancellation of registration after bankruptcy, dissolution and liquidation;

(5) After the establishment, alteration and cancellation of registration of a joint stock limited company, it fails to issue an announcement within the prescribed time limit or the contents of the announcement are inconsistent with those approved and registered by the company registration authority, and the circumstances are serious;

⑥ If the company fails to accept the annual inspection as required, the company registration authority will impose a fine and accept the annual inspection within a time limit; if it fails to accept the annual inspection within the time limit; ? 7. Forge, alter, lease, lend or transfer the business license, if the circumstances are serious;

(8) engaging in business activities beyond the business scope approved and registered, and the circumstances are serious.

References:

China Enterprise Registration Network-Regulations of the People's Republic of China on the Administration of Company Registration

References:

The State Council Press Office-People's Republic of China (PRC) Company Law

References:

Central People's Government-Order of People's Republic of China (PRC) State Administration for Industry and Commerce

References:

Baidu Encyclopedia-the Supreme People's Court's Questions on the Application of People's Republic of China (PRC) Company Law