If the company meets one of the following conditions, it may apply for cancellation.
1, the company was declared bankrupt according to law;
2. The business term stipulated in the Articles of Association expires or other reasons for dissolution occur;
3. The company is dissolved due to merger or division;
The company was ordered to close down according to law.
The process of canceling the company: first, go to the national tax office to cancel the national tax, and then go to the industry and commerce to cancel the business license with the cancellation form of national tax. In addition, the cancellation of the company may involve auditing.
The specific steps are as follows
(1) First get the form from the national tax: fill in, sign, stamp, pay the invoice and pay the tax according to the requirements of the national tax, then take back the national tax registration certificate and give you a notice of cancellation of the national tax registration.
(2) Take the notice of cancellation of tax registration from the national tax and the form from the local tax. After paying the tax, you will recover the tax registration certificate of the local tax and give you a notice of cancellation of tax registration from the local tax.
(3) Take two notices to cancel the bank account.
(4) Take the notice to the industrial and commercial bureau to get the form, then return it to the industrial and commercial bureau, and then revoke the business license.
When applying for cancellation of registration, a company shall submit the following documents to the registration authority
(1) Application for cancellation of registration signed by the person in charge of the liquidation organization of the company;
(2) An application for cancellation of company registration signed by the legal representative of the company;
(3) Bankruptcy ruling of the court, documents ordered by the administrative organ to close down or resolutions or decisions made by the company in accordance with the Company Law;
(4) A liquidation report confirmed by the shareholders' meeting or relevant departments;
(5) the tax payment certificate issued by the tax authorities;
(6) the certificate of cancellation issued by the bank;
(7) The original and duplicate of the Business License for Enterprise as a Legal Person;
(8) Other documents required by laws and administrative regulations.
The liquidation organization of the company shall apply to the original company registration authority for cancellation of registration within 30 days from the date of the liquidation of the company.
Liquidation step
Due to the different nature of liquidation, different laws apply to company liquidation:
1. The liquidation of the company due to bankruptcy shall be governed by the Enterprise Bankruptcy Law and the Civil Procedure Law.
2. The Company Law and the Civil Procedure Law shall apply to the non-bankruptcy liquidation of the company (referring to the situation that the company is dissolved voluntarily and ordered to be dissolved according to law).
The liquidation of a company, regardless of its nature, shall be carried out according to the following steps.
1. Establish a liquidation group.
Second, carry out liquidation work. The liquidation group shall take over the company from the date of its establishment and carry out the following business:
1, take over the company property;
2. Ending the unfinished business of the company;
3. Collect creditor's rights and clear debts;
4. Distribution of surplus property;
5. Cancel the corporate status of the company and revoke its business license.
3. Notify creditors to declare their claims.
Fourth, put forward liquidation plan.
After clearing up the company's property, preparing the balance sheet and property list, the liquidation group shall formulate and submit the liquidation plan, which shall be submitted to the shareholders' meeting for discussion and approval or confirmed by the competent authority.
The main contents of the liquidation plan are as follows
1, liquidation expenses;
2. Payable wages and labor insurance premiums;
3. Taxes payable;
4. Pay off the company's debts.
5. Distribution of surplus property
6. Ending the liquidation work
After the liquidation group terminates the distribution, it shall prepare a liquidation termination report and submit it to the shareholders' meeting or the competent authority for approval, and then apply for cancellation of the company's legal person status and revocation of its business license.
Write at the end:
Failure in starting a business is the worst result and the last thing we want to see. However, while we are ambitious in starting a business, we must also prepare for the worst and take every step on the road to starting a business.
If you find it troublesome to cancel the company, you can ask Mande Enterprise Services to help you cancel the company easily.
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