Whether the company should be cancelled after going out of business depends on the specific situation. Generally speaking, if the company has stopped operating and no longer needs to continue operating, then cancellation is a reasonable choice. Cancellation can ensure the legitimacy of the company and avoid legal disputes and adverse consequences caused by non-cancellation.
However, in some cases, the company may need to suspend operations for a period of time, such as restructuring, adjusting business structure or waiting for market opportunities. In this case, the company can choose to suspend business temporarily instead of canceling it immediately. However, it should be noted that during the suspension period, the company needs to abide by relevant laws and regulations, ensure legal operation, and fulfill relevant obligations on time.
In a word, whether the company should cancel its business needs to be judged according to the specific situation. If the company has stopped operating and no longer needs to continue operating, then cancellation is a reasonable choice. However, if it is necessary to suspend business for a period of time under special circumstances, the company needs to abide by relevant laws and regulations and fulfill relevant obligations on time.
I. Reasons for the closure of the company
There may be many reasons for the company's bankruptcy, such as changes in market environment, poor management, and broken capital chain. No matter what causes the company to close down, we need to take it seriously and take corresponding measures.
Second, the difference between cancellation and closure
Cancellation means that the company applies to the relevant departments for cancellation of registration according to law and terminates the company's legal subject qualification. Suspension of business means that the company temporarily stops operating, but still retains its legal subject qualification.
Three. Obligations to be performed after the company goes bankrupt.
After the company goes bankrupt, it needs to continue to perform relevant obligations, such as paying employees' wages and paying social security. At the same time, it is also necessary to report the closure of the company to relevant departments and go through relevant procedures in accordance with relevant regulations.
Four. Company cancellation procedure
The cancellation of the company needs to be handled in accordance with the relevant laws and regulations. Generally speaking, it is necessary to apply to the industrial and commercial department for cancellation of registration and submit relevant materials. In the process of cancellation, it is necessary to liquidate and deal with the assets and debts of the company.
To sum up:
Whether the company should cancel its business needs to be judged according to the specific circumstances. If the company has stopped operating and no longer needs to continue operating, then cancellation is a reasonable choice. However, if it is necessary to suspend business for a period of time under special circumstances, the company needs to abide by relevant laws and regulations and fulfill relevant obligations on time. In any case, we should take the company's operation and legal responsibilities seriously to ensure its legitimacy and steady development.
Legal basis:
Article 183 of the Company Law of People's Republic of China (PRC) stipulates: "The company has serious difficulties in its operation and management, and its continued existence will cause serious losses to shareholders' interests. If it cannot be resolved by other means, shareholders who hold more than 10% of all shareholders' voting rights of the company may request the people's court to dissolve the company. "
Article 184 of the Company Law of People's Republic of China (PRC) stipulates: "The company is dissolved due to the following reasons: (4) its business license is revoked, it is ordered to close down or it is revoked according to law;