Revocation refers to an administrative punishment that an enterprise violates the industrial and commercial administrative regulations and is deprived of its business qualification by the industrial and commercial department by compulsory means. This is the most severe administrative punishment imposed by the administrative organ on the enterprise.
Revocation is an administrative punishment, not based on the application of enterprises, but the active and direct behavior of the registration authority. After the cancellation, the company lost its business qualification. To a certain extent, revocation is also a way for companies to withdraw from the market, but compared with cancellation, revocation is not a legal way to withdraw from the market, but a punishment for illegal acts.
After the company is revoked, it has no right to operate. If the company continues to engage in business activities, it will be regarded as operating without a license and may be warned and its illegal income confiscated. If a crime is constituted, criminal responsibility shall be investigated according to law. Once the business license is revoked, not only the company itself, but also its legal representative will enter the blacklist, that is, the enterprise credit classification supervision system of the industrial and commercial departments, and provide credit inquiries to the public on the relevant enterprise credit websites, which will even affect the personal credit business of enterprise operators in the future.
Legal basis:
Article 17 of the "Provisional Regulations on Enterprise Information Publicity in People's Republic of China (PRC)" is under any of the following circumstances, the administrative department for industry and commerce at or above the county level shall be included in the list of business anomalies and publicized to the public through the enterprise credit information publicity system to remind them to fulfill their publicity obligations; If the circumstances are serious, the relevant competent department shall give administrative punishment in accordance with the provisions of relevant laws and administrative regulations; If losses are caused to others, they shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the enterprise fails to publicize the annual report within the time limit stipulated in these Regulations or fails to publicize the relevant enterprise information within the time limit ordered by the administrative department for industry and commerce;
(two) the information disclosed by the enterprise conceals the real situation and practices fraud.
Enterprises listed in the list of business anomalies shall be removed from the list of business anomalies by the administrative department for industry and commerce at or above the county level if they fulfill their publicity obligations in accordance with the provisions of these regulations; Failing to fulfill the obligation of publicity for three years in accordance with the provisions of these Regulations, the administrative department for industry and commerce of the State Council or the administrative department for industry and commerce of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be included in the list of seriously illegal enterprises and publicized to the public through the enterprise credit information publicity system. The legal representative and person in charge of an enterprise listed in the list of seriously illegal enterprises shall not serve as the legal representative and person in charge of other enterprises within 3 years.
If the enterprise fails to meet the circumstances mentioned in the first paragraph within five years from the date of being included in the list of seriously illegal enterprises, the administrative department for industry and commerce of the State Council or the administrative department for industry and commerce of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall remove it from the list of seriously illegal enterprises.
Derivative problem:
What's the difference between company cancellation and cancellation?
First, the concept and consequences of revocation and revocation
(A) the concept and consequences of cancellation
Cancellation refers to an enterprise that meets the statutory conditions. After applying to the original registration authority and performing the prescribed liquidation procedures, the subject qualification is eliminated. After the cancellation of the enterprise, it completely disappears, the legal person qualification is terminated according to law, all employees are dismissed, all the money of the bank is recovered, and all the creditor's rights and debts are terminated.
(B) the concept and consequences of revocation
Cancellation refers to the behavior that the administrative department for industry and commerce forces an enterprise to stop its business activities because it violates laws, regulations or administrative rules. Revocation is the act of the industrial and commercial bureau to terminate the business right of an enterprise by force. Before cancellation, the company still exists, but it is not allowed to carry out business.
As can be seen from the above description, cancellation is a legal act and the final and only result of the company's suspension of business. Revocation is just a process. Even if the business license is revoked, the enterprise can't operate, but it still exists and has to bear the corresponding creditor's rights and debts.
Second, the qualification of litigation subject.
After the cancellation of the enterprise, the subject qualification is eliminated, and the lawsuit cannot be conducted in the name of the original enterprise.
Although the enterprise can't operate normally after being revoked and before being cancelled, the company's subject qualification still exists, and it can conduct litigation activities in the name of the company until it is cancelled.