1. According to the law, as long as two-thirds of the shareholders agree to form a resolution of the shareholders' meeting, the company can be cancelled. However, in practice, all shareholders must sign before going to the industrial and commercial bureau for cancellation.
2. If it is not signed by all shareholders, it is necessary to go to court, and the shareholders who agree to cancel will sue the shareholders who do not agree to cancel, and then the company can be cancelled.
The process of company cancellation is as follows:
1. First collect the form from the national tax: fill in, sign, seal, pay the invoice and pay the tax according to the national tax requirements, then recover the national tax registration certificate and receive the notice of cancellation of the national tax registration;
2. Take the notice of cancellation of tax registration from the national tax and the form from the local tax. After paying taxes, withdraw the local tax registration certificate and issue a notice of cancellation of tax registration to the parties;
3. Take two notices to cancel the bank account;
4. Take the notice to the industrial and commercial bureau to get the form, then return it to the industrial and commercial bureau, and then revoke the business license.
Legal basis: Article 7 of the Company Law of People's Republic of China (PRC).
A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.
The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters.
Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.
Article 8
A limited liability company established in accordance with this law must indicate the words limited liability company or limited company in its name.
A joint stock limited company established in accordance with this law must indicate the words joint stock limited company or joint stock company in its name.
Article 9
When a limited liability company is changed into a joint stock limited company, it shall meet the conditions of a joint stock limited company as stipulated in this Law. When a joint stock limited company is changed into a limited liability company, it shall meet the conditions of a limited liability company as stipulated in this Law.
Where a limited liability company is changed into a joint stock limited company, or a joint stock limited company is changed into a limited liability company, the creditor's rights and debts before the company change shall be inherited by the changed company.
Article 10
The domicile of the company is the place where its main office is located.
Article 11
To establish a company, the articles of association must be formulated according to law. The Articles of Association are binding on the Company, shareholders, directors, supervisors and senior management.