A lot of bosses think the business charter of own company by revoke, need not again arduous take time cancelled cost a lot.
Be off base!
Where is the fault?
Look together revoke, cancel and cancel 3 person distinguish!
Revoke
Simple point says, revoke is to show the company violated statute of industrial and commercial administration, be stripped to manage a qualification with compulsive method by industrial and commercial bureau.
Here must emphasize, revoke is the most severe administration punishment that the executive authority carries out to the enterprise.
By the common circumstance of revoke business charter:
1, 6 months exceed without warrant after the company holds water not of practice, or close down of the proper motion after practice is successive of 6 months above;
2, forge, alter, rental, make over business charter of company, branch;
3, manage in production in of lawbreaking, code.
One, what consequence does charter be businessed by revoke have?
1, the senior administrator such as thing of the trustee that limits of whole nation be been in by the legal representative of revoke business charter must not apply for inside 3 years or holds the position of other company, inspect.
2, the administrative punishment of revoke business charter passes information of state enterprise credit fair show a system fair show.
2, by revoke hind OK indulge no matter?
Those who want is too innocent! Be equivalent to by revoke company by coop " little black room " , after revoke charter of all kinds superintend, of chasten measure or become effective, and more strict! If be not handled, can pull heavier more only, the loss that cause cannot be estimated!
So by the right way after revoke, it is to deal with cancel!
Just cannot be engaged in running an activity by the company of revoke, but still " living " , be in jural, still be litigant main body and debt assume principal part.
" company method " will " be done business by revoke lawfully charter " those who label a company is legal dismiss one of the origin of an incident, what be faced with next by the company of revoke charter is to disband, liquidation and cancel.
Register finally through cancelling only, just be by the company of revoke charter exit the market with legal means.
Cancel
Common feature is told, cancel is pair of registering action that had completed is negative, perhaps saying is behavior of a kind of error correction, register wrongly lose legal effectiveness.
Its premise is from only then do not accord with the condition that register, but obtained a company to register through illegal status, register personnel misuse of authority for instance, violate legal order, or the applicant is referred it is false data, important to conceal the fact is waited a moment.
By the common circumstance of cancel:
1, cancel company is established register, consequence is the company is established register from only then invalid;
2, cancel company change is registered, consequence is the registering condition before the company restores to be registered to this second change;
3, cancel company is cancelled register, consequence is the registering condition before the company restores to cancel.
One, change or be cancelled to register by cancel, what consequence is there?
According to " break the law badly break one's promise company list runs temporary measure " the 5th (2) : Refer false data to perhaps adopt other and fraudulent means to hide important fact, obtain company change to perhaps be cancelled register, be registered by cancel;
1, enterprise by cancel, cancel change to register, include break the law badly break one's promise company list. And must not move inside 5 years go out to break his promise badly company list.
2, the legal representative of the enterprise, legal representative that chief must not hold the position of other company inside 3 years, controller.
3, through information of state enterprise credit fair show a system fair show.
4, interconnection of as other as the government department is shared, executive combination chasten, the likelihood does not take even plane and tall iron!
2, the company is registered by cancel, should deal with likewise cancel!
Cancel is established register meant this company to lose legal principal part qualification and business qualification.
Press " company method " regulation, this also is the legal case that a kind of company dismisses, what want to be faced with next, and by the company of revoke charter same, after be being liquidated first, cancel.
3, revoke and cancel, foolish foolish is cent not clear?
Although revoke and cancel are lawbreaking code,be enforced close down.
But by cancel be " congenital inadequacy " , in registering Cheng namely, appeared to violate condition, causing the itself that register is wrong.
And by revoke be " acquired pathological changes " , registering itself namely do not have a flaw, it is to be in a company to manage illegal case appears in the process.
Cancel
Here, we must be made clear! Cancelling is the only way that the enterprise exits the market legally.
Cancelling is the conduct of license of a kind of administration that depend on application and makes. Accord with the company ability that cancels a requirement to apply for only:
1, by lawfully suspend payment;
2, the business deadline at the expiration of one's term of office that constitution sets is other perhaps disband main content to appear;
3, disband because of amalgamative, schism;
4, be instructed to shut lawfully.
Cancel average order:
"Establish liquidation group " → " liquidation group puts on record " → " make liquidation report " → " in the newspaper announcement 45 days "
Are you done now understood?
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