Before going through the cancellation formalities with the registration authority, the company must carry out liquidation according to law, including terminating production, operation and sales activities, handling company affairs, settling civil litigation, clearing creditor's rights and debts and distributing the remaining property.
The liquidation of a company, regardless of its nature, shall be carried out according to the following steps:
1. Establish a liquidation group.
2. carry out liquidation.
The liquidation group shall take over the company from the date of establishment and carry out the following business: take over the company's property, close the company's unfinished business, collect creditor's rights, clear debts, distribute the remaining property, cancel the company's legal person status and revoke its business license.
3. Notify creditors to declare their claims.
4. Put forward liquidation plan.
After clearing up the company's property, preparing the balance sheet and property list, the liquidation group shall formulate and submit the liquidation plan, which shall be submitted to the shareholders' meeting for discussion and approval or confirmed by the competent authority. ?
After the liquidation is completed, it can be cancelled.
Step 2: Register
During the cancellation process, the company needs to cancel the corresponding accounts in the following seven departments or institutions:
1. Social Security Bureau: Check whether there are unpaid social security fees, and then cancel the company's social security account.
Tax official: Check whether there are any unpaid taxes or fees, and then cancel the national tax and local tax of the company.
3. Newspaper media: The company needs to publish itself in the newspaper and announce that the company is about to cancel.
4. Industry and Commerce Bureau: handle the company's record cancellation and cancel the business license.
5. Opening bank: cancel the company's account opening license, basic bank account and other accounts.
6. Quality Supervision Bureau: Go to the Quality Supervision Bureau to cancel the company's license, such as production license.
7. Public security organ: the legal effect of canceling the company seal (the seal itself may not be handed in).
Extended data:
Matters needing attention in company cancellation
1. Within 30 days from the date of liquidation, the company applying for cancellation needs to apply to the company registration authority for cancellation of registration. If the enterprise is cancelled abnormally, if it is not inspected in the second year, it will be deemed as automatic cancellation. The legal representative and shareholders' meeting of the revoked enterprise are blacklisted by the industrial and commercial bureau, and may not be able to re-register the company in his own name within three years. Bad personal credit records will be kept for seven years and they will be fined.
2. Matters needing attention in notice and announcement of creditors:
The liquidation group shall notify creditors within 65 days from the date of its establishment and make an announcement in the newspaper within 60 days. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors. It is recommended to keep the delivery receipt and the newspaper that publishes the announcement.
3. Legally resettle workers.
The cancellation of the company does not belong to the termination of the labor contract as stipulated in the contract or stipulated by law. If it is necessary to terminate the labor contract, it shall provide economic compensation to the laborer in accordance with the contract and the relevant provisions of China's labor contract law. The specific situation varies according to the contents of the contract and the actual situation of the workers.
The company is declared bankrupt according to law; The business term stipulated in the Articles of Association expires or other reasons for dissolution occur; If the company is dissolved due to merger or division, it may be cancelled.
Baidu Encyclopedia-Company Cancellation