1. Merger means that an enterprise accepts other enterprises (target enterprises) to join the enterprise, the target enterprise is dissolved, and the recipient continues to exist (called the surviving enterprise). The merger of enterprises is carried out by acquisition, that is, after obtaining the control right of the target enterprise 100%, the target enterprise is dissolved and merged.
2. The corresponding enterprises formed after the reorganization of other businesses are collectively called surviving enterprises.
Since the 1990s, in order to promote and speed up the reform and reorganization of state-owned enterprises, meet the listing requirements, make them go public for financing as soon as possible, and solve the fund problem urgently needed for the subsequent development of state-owned enterprises, state-owned enterprises have generally adopted the mode of separation of survival and reorganization, that is, divesting, reorganizing and listing their core businesses and related high-quality assets. Unlisted enterprises that exist in the form of group companies or parent companies after the state-owned enterprises are listed in the form of surviving and separating are called state-owned surviving enterprises.
Survival means that an enterprise exists according to law and continues to operate normally. Also known as open, normal and registered.
Generally speaking, the operating conditions can be divided into eight categories: surviving, in service, cancellation, cancellation, moving in, moving out, closing down and liquidation.
1. The existence of corporate identity means that the enterprise exists according to law and continues to operate normally. Also known as open, normal and registered.
2 operating conditions refer to the normal production of enterprises, and new enterprises include partial production or trial operation.
Because there may be subtle differences among provinces, generally speaking, doing business is normal, managing, doing business is effective, and doing business is doing business.
3. The business status is revoked; Non-cancellation means that the revocation of the business license of an enterprise is an administrative punishment imposed by the industrial and commercial bureau on illegal enterprises. After the license of an enterprise is revoked, it shall be liquidated according to law. After liquidation and cancellation of industrial and commercial registration, the enterprise as a legal person shall be eliminated.
4. The cancellation of corporate status means that the enterprise no longer exists and loses its corporate status.
5. Closure means that the enterprise registration authority changes and moves out of a competent authority.
6. Moving in as an enterprise refers to the change of the enterprise registration authority and moving into a competent authority.
7. Suspension of business means that an enterprise stops its production and business activities at the end of the period for some reason and resumes production after conditions change.
8. Enterprise liquidation refers to an economic activity in which an enterprise conducts a comprehensive inventory of its property, creditor's rights and debts, recovers its creditor's rights, pays off its debts and distributes the remaining property after it is dissolved and terminated due to bankruptcy, cancellation and other reasons.
legal ground
Interim provisions on industrial and commercial administration
Twenty-sixth without approval and registration, engaged in business activities, or engaged in other acts in violation of the provisions on the administration of industrial and commercial registration, the administrative department for industry and commerce may, in accordance with relevant laws, regulations and rules, be ordered to make corrections; Give a warning, confiscate the illegal income, impose a fine, order to suspend business for rectification, and revoke the business license.