After the business license of an enterprise as a legal person is revoked, it shall be liquidated according to law. After the liquidation procedure is completed and the industrial and commercial cancellation registration is completed, the enterprise as a legal person shall be eliminated. When the company does not intend to operate, it should be cancelled in time;
If an enterprise is unfortunately revoked its business license, it should also go through the normal company cancellation process.
Because the cancellation of registration is based on the application of the enterprise, it is the initiative of the enterprise and the only way for the enterprise to legally withdraw from the market.
If the company does not cancel, it shall bear the following legal consequences:
1, fines and fines
According to the "Regulations on Company Registration", if the company's registered items change and the relevant change registration is not handled in accordance with the 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.
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Article 147 of the Company Law, "a person who acts as the legal representative of a company whose business license has been revoked and ordered to close due to violation of the law, and is personally responsible, and it has not been more than three years since the date of revocation of the company's business license" may not serve as a director, supervisor or senior manager of the company.
The State Administration for Industry and Commerce's Regulations on the Administration of Registration of Legal Representatives of Companies as Legal Persons also clearly stipulates that a person who acts as the legal representative of a company whose business license has been revoked due to violation of laws and is personally responsible for the company's illegal acts may not act as the legal representative of other companies if it has not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 "Provisions of the Supreme People's Court on Several 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, accounting 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 "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 of a limited liability company, the directors and controlling shareholders of a joint stock limited company, and the actual controller of the company are liable for paying off the debts of the company, the people's court shall support them 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.
To sum up, it is Bian Xiao's relevant answer to whether the company will be investigated after 20 years of cancellation. I hope it will help you.
legal ground
Article 180 of the Company Law
The Company is dissolved for the following reasons:
(1) The business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association occur;
(2) The shareholders' meeting or shareholders' meeting decides to dissolve;
(3) The company needs to be dissolved due to merger or division;
(4) The business license is revoked, ordered to close or revoked according to law;
(5) The people's court shall be dissolved in accordance with the provisions of Article 182 of this Law.