When the registered items of the company change, if 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; Those who fail to register within the time limit shall be fined not less than 10,000 yuan but not more than 100,000 yuan.
First, how to accurately grasp the identification of the "closure" of enterprise legal persons
In view of the diversity of business activities of enterprise legal persons and the present situation of industrial and commercial administration in China, in the practice of implementation, in order to strictly grasp the conditions of proportional distribution, improve the efficiency of implementation and equally protect the legitimate rights and interests of creditors, we believe that one of the following circumstances can be considered as "suspension of business":
(a) the enterprise has obtained the business license of enterprise legal person, and has not engaged in business activities within six months after its opening;
(2) After obtaining the business license of enterprise as a legal person, the enterprise shall stop its business activities for one year until the court takes measures to seal up, detain and freeze all or major property;
(3) The date on which the business license of an enterprise as a legal person was revoked by the administrative department for industry and commerce according to law when the court took measures of preservation or compulsory execution such as sealing up, distraining and freezing all or major property for the first time.
Second, the grasp of the time when an enterprise as a legal person "goes out of business"
We believe that when the people's court first takes preservation or enforcement measures during the trial or execution of a case, it should grasp the time when the enterprise as a legal person "closes down". In view of the fact that it may take a long time after the court takes measures to seal up, detain or freeze all or the main property of the person subjected to execution, and new applicants may be allocated in proportion during this period, it is necessary to clearly define the benchmark time for "suspension of business". This benchmark time shall be based on the time when the court takes measures to seal up, detain and freeze all or major property of the person subjected to execution for the first time. That is to say, those who meet the above-mentioned "suspension of business" criteria before this benchmark time can be allocated in proportion, and those who meet the "suspension of business" criteria after this benchmark time cannot be allocated in proportion.
Legal basis:
Company Law of the People's Republic of China
Article 211 If a company fails to start business for more than six months after its establishment without justifiable reasons, or suspends business for more than six months after its opening, the company registration authority may revoke its business license.
When the registered items of the company change, if 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; Those who fail to register within the time limit shall be fined not less than 10,000 yuan but not more than 100,000 yuan.