If the company is transferred, can the shell company be transferred?
At present, there are a large number of companies (enterprises) in the economic field of China, which are almost out of business. Think that these companies (enterprises) are also shell companies. In fact, even a normal company can be a shell company as long as there are buyers who take a fancy to its shell. In the rapid transfer network, we adopt the broad concept of shell company. So, what are the characteristics of shell companies? First, shell companies generally stop operating, or business activities are limited to liquidation, asset disposal, employee dismissal and other activities. In addition, a large number of small and micro enterprises have not carried out any business since their registration and establishment, and such small and micro enterprises are also typical customers of fast transfer; Second, the registration information and business history of shell companies are of practical value to their acquirers. Without this, no company is a shell company. Pass it quickly. Com thinks this is the core feature of shell company. Third, the shell company has perfect registration procedures, annual filing records, tax filing records and accounting books. Some shell companies also hold intangible assets such as trademarks and internet domain names related to company names and business projects, while some shell companies have business history, bank flow and tax payment records. Even some shell companies have meaningful or resounding corporate names, and so on. These factors are also the practical value of shell companies. In China, there is a platform for the transfer of shell companies, called Kuaizhuan.com, which can release information free of charge, which refers to false reporting of registered capital, false capital contribution and escape of registered capital. Before the company law was amended, the registered capital was paid-in system, and the paid-in capital needed to reach a certain amount. After the implementation of the new law, although the minimum registered capital of the company is no longer required and the subscription system is implemented, this does not mean that the phenomenon of "two empty spaces and one escape" no longer exists. For some special industries, there will still be corresponding regulations on the registered capital limit and paid-in capital. Therefore, in some cases, if two shell companies escape, the acquirer should still think carefully. Will shell companies have debts? At least the shell companies registered by the agency itself generally have no creditor's rights and debts, because they are sold and will not operate on their own. However, not all shell companies are clean. Buyers should be cautious about shell companies that are poorly managed but eventually have to be transferred. It is possible that the other party will not only withdraw its capital contribution, but also face a series of outstanding debts. As we all know, companies need to pay taxes, but for companies that have no business activities (for example, companies that have to apply for other qualifications after applying for a business license, because they have no business relationship because of the long experience), they should make zero declarations. So are shell companies. No matter how long it takes, if they want to survive, they have to go through the formalities of zero declaration even if they don't generate turnover. Otherwise, it may be blacklisted by tax authorities. The transfer of shell companies actually has the greatest impact on the acquirer. After all, taking over a company is not a trivial matter. You need to be careful when it comes to money. In short, the acquisition of shell companies, we must do due diligence, cooperate with relevant institutions, find out the actual situation of shell companies, in order to start the transfer process. "Shell companies" are also called ready-made companies. It was originally established as a corporate legal form according to the British Company Law. It is a limited company established by the promoters according to the laws of Hong Kong or Britain, but it has not appointed the first director and no investors have subscribed for shares, so there will be no business, creditor's rights and debts. When the company is needed, investors only need to hand over the directors and shareholders to the company secretary, who will make relevant documents. It usually takes a few hours to finish. 1. Be cautious in company transfer, especially in the case of equity transfer with the registered capital escaping or companies with false registered capital contribution, which may bring more trouble to themselves. 2. Article 80 of the Supreme Court's Provisions on Several Issues Concerning the Execution of People's Courts (Trial) stipulates: "If the person subjected to execution has no property to pay off debts and the registered capital invested by the start-up unit is false or registered capital flight, it may be ruled that the start-up unit is changed or added as the person subjected to execution, and the person subjected to execution shall be liable to the applicant within the scope of false registered capital or registered capital flight. 3. registered capital flight is not only a civil offence, but also a criminal offence. According to the provisions of Article 159 of China's Criminal Law, if the promoters and shareholders of a company violate the provisions of the Company Law and withdraw their capital contribution after the establishment of the company, and the amount is huge, the consequences are serious or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined at least 2% 10% of the capital contribution.