Suo a few, distinguish " cancel " , " revoke " , " cancel "

   Suo a few, distinguish " cancel " , " revoke " , " cancel "

The first, cancel

Cancelling is to show the market supervises the management board application according to the enterprise, make what allow enterprise disbands register the administrative action of the decision.

Cancelling is the administration of a kind of passive type that apply for according to the enterprise and makes behavior. Coincidence method cancels conditional enterprise surely, to application of the institution that register, after passing liquidation program, the mechanism that register makes allow register, next qualification of legal person main body is eliminated (only the company restricts ability is the business victim body that puts in the market 's charge to supervise management department to register) .

Attention: Cancelling is an enterprise " die " last pace, although your enterprise is ruled to go bankrupt by the court, also had wanted this one condition.

The 2nd, revoke

Revoke is to show the enterprise violated statute of industrial and commercial administration, be adopted by market supervisory management board legal measure is privative its do business the punishment of a kind of administration of charter.

Attention: ① revoke is punishment of a kind of administration, it is the market supervises management board to be depended on directly powers and authorities of office, active and for, this is revoke and the first distinction that cancel.

The management qualification of the enterprise after ② revoke is lost, that is to say, after the market supervises the service of legal copy clerk of management board to give a company, enterprise both neither is reconsidered, be no good again politics lawsuit, so, this enterprise is cannot be engaged in the market inside its scope of operations trading again.

③ must not be continued to be engaged in the market running an activity by the enterprise of revoke business charter, but qualification of company suit main body still exists, this has highest courtyard give an official----(on January 29, 2000 law classics [2000]24 date cases) " top people court does business about legal entity charter by revoke hind, its are civil the reply that how litigant position decides "

The 3rd, cancel

Cancel is to show the market supervises the management board request according to interests person or basis powers and authorities of office, the cancel that make is previous the decision of administrative action. Actually, come up from essence tell, this is the behavior of error correction of a kind of ego of the executive authority.

Attention: After the company is established to register by cancel, also need bosses to return the topic that begin discusses- - deal with cancel formalities, or, become " corpse enterprise " do not organize liquidation again, the creditor when arriving is sued, contributive person should assume liability to pay compensation.

未经允许不得转载:News » Suo a few, distinguish " cancel " , " revoke " , " cancel "