2. If there is no normal annual report and it is abnormal, it will have no influence on the enterprise legal person and shareholders;
3. The license will not be automatically abolished after it expires, and it needs to be dissolved according to law, just like the cancellation of the company's hand-knot;
4. If it is not handled in accordance with the law, the enterprise will be revoked, and legal persons and senior managers will enter a locked state and can no longer start a business. As far as the current policy is concerned, it has no impact on shareholders.
Does it affect the legal representative, supervisors and shareholders if the company is blacklisted for dishonesty? Once the company is listed in the "list of untrustworthy" by the court, it will face a series of adverse consequences:
The court can publish the list of people who have lost their trust to the public in a certain way;
The court shall inform the relevant departments, financial regulatory agencies, financial institutions, institutions and trade associations that undertake administrative functions of the information on the list of people who have been executed in bad faith, so that the relevant units can punish the people who have been executed in bad faith in terms of * * * procurement, bidding, administrative examination and approval, * * support, financing and credit, market access, qualification identification and other aspects according to laws, regulations and relevant provisions;
The court shall notify the credit reporting agency of the information on the list of people who have been executed in bad faith, and the credit reporting agency shall record it in its credit reporting system.
The company's inclusion in the "list of people who have been executed in bad faith" will also have a negative impact on the legal representative.
According to Article 3 of "Several Provisions of the Supreme People's Court on Restricting High Consumption of Executed Persons" revised by the Supreme People's Court 20 15, the executed person is a unit, and the executed person, his legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work:
When taking the means of transportation, choose the cabin above the second class of plane, train soft berth and ship;
High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
Purchase real estate or build, expand or decorate high-grade houses;
Rent high-end office buildings, hotels, apartments and other places to work;
Purchase non-operating vehicles;
Travel, vacation;
Private schools with high fees for children;
Pay high premiums to buy insurance wealth management products;
Take all seats on G-prefix EMU trains, first-class seats on other EMU trains and other non-essential consumption behaviors.
What needs to be emphasized is that even if the company is not included in the list of "persons subject to breach of trust", as long as the company fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice, the court can still (upon application or at its own discretion) take consumption restriction measures against its legal representative, principal responsible person, person directly responsible for debt performance and actual controller, and shall not implement the above-mentioned high-consumption and non-life and work-necessary consumption behaviors.
That is to say, as long as the company fails to fulfill the payment obligations determined by the effective legal documents, its legal representative may be taken by the court to restrict consumption.
In addition, according to the Memorandum of Cooperation on "Building Honesty and Punishing Dishonesty" issued by the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration of China and China Railway Corporation on March 20th, 20 14, the person subject to breach of trust is a unit, and the object of credit punishment also includes his legal representative, the main person in charge and the person directly responsible for debt performance. In addition to restricting consumption, credit punishment measures also include restricting loans from financial institutions or handling credit cards.
It can be seen that corporate debt is not only the business of the company, but also involves the legal representative, which has an adverse impact on the personal work and life of the legal representative. In a society that pays more and more attention to credit, the lack of credit will make people unable to move. In this regard, the legal representative of the company should attach great importance to it.
If the company has no money to pay back, there is a simple way to prevent the legal representative from entering the credit blacklist or being removed from the blacklist: take the initiative to apply for bankruptcy of the company!
After the execution procedure is started, it is safest for the legal representative of the company to apply for bankruptcy. The above-mentioned credit punishment measures such as restricting consumption and lending were implemented only after entering the implementation procedure. If the debtor company voluntarily applies for bankruptcy and is accepted by the court before the execution procedure starts, none of the above measures can be implemented, because according to the provisions of the Enterprise Bankruptcy Law, after the court accepts the bankruptcy application, all execution cases involving the debtor should be suspended. In this respect, the bankruptcy procedure is actually protecting the legal representative of the debtor company.
If the court has blacklisted the debtor company and its legal representative after the execution procedure is started, the debtor company can still help itself and its legal representative to "clear their names" by filing for bankruptcy on its own initiative. According to Article 10 of "Several Provisions of the Supreme People's Court Municipality on Publicizing the Information of the List of People Being Executed in bad faith", if the court decides to suspend the execution due to the bankruptcy procedure of the people being executed, the bad faith information shall be deleted within three working days.
Bankruptcy is the ultimate way to solve the outstanding execution cases of the company. Bankruptcy can not only solve the so-called "execution difficulty" problem, but also be an effective way for the legal representative of the company to escape or exempt from liability. From a practical point of view, because the company does not need to pay fees in advance to the court when applying for bankruptcy, it does not need to spend any money except the necessary expenses incurred by hiring lawyers and accountants, which has the advantage of low cost.
Taking the initiative to file for bankruptcy is not a malicious evasion of debts, but a legal confirmation of established facts, and irrational criticism should not be made from the so-called moral height. On the contrary, indebted enterprises should be encouraged to come forward and let all creditors get fair compensation through bankruptcy procedures, which is also the original legislative intention of bankruptcy law.
After the housing intermediary company is included in the enterprise credit blacklist, what impact will it have on the legal representative? Anyone who is included in the list of people who have lost their trust will be punished by credit, and will be restricted or prohibited in procurement, bidding, administrative examination and approval, support, financing and credit, market access and qualification identification. The social living space of the faithless will be greatly reduced.
At present, it seems that airplanes and motor trains are not in the high consumption range.
Second, as long as the judgment is automatically executed, you can apply for delisting without affecting your future life.
Second, classified announcements have different influence ranges.
Some were blacklisted locally, some were blacklisted at the provincial level, and some were blacklisted at the national level, so the scope of influence expanded in turn.
20131kloc-0/,the supreme court's "several provisions on publishing the information of the list of people who have been executed in bad faith" came into effect. 10 In late June, the Supreme Court established a "list of untrustworthy people". The person subjected to execution under any of the following six circumstances may be blacklisted.
1. Obstructing or resisting execution by forging evidence, violence or threats;
2. Evading execution by false litigation, false arbitration or concealing or transferring property;
3. Violating the property reporting system;
4. Violating the order of restricting high consumption;
5. The person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons;
6. Other persons who have the ability to perform but refuse to perform the obligations specified in the effective legal documents.
If you can help,
What impact does the blacklist of enterprises have on legal persons? If the legal representative of a company is blacklisted, other companies under his name will certainly be affected. Now that the computer network is developed, the State Administration for Industry and Commerce has established a nationwide blacklist database. There are clear restrictions on the qualifications of the legal representative of the revoked enterprise. Can not be the legal representative of other enterprises within three years. For those who are already legal representatives of other enterprises, enterprises will be required to change their legal representatives. However, this restriction is only for limited companies, not for individual industrial and commercial households. In other words, even if you are the legal representative of the revoked enterprise, you are not restricted to be an individual industrial and commercial household. You just can't be the legal representative of other enterprises in the country within three years.
Will the blacklisting of the company affect the annual inspection of the company? The company's credit status in the bank has nothing to do with whether it can be inspected annually. If the application for annual inspection fails, you only need to supplement the corresponding materials, and you may be fined and pass the annual inspection. If you don't do the annual inspection, by the end of the year 1 (around New Year's Day next year), the Industrial and Commercial Bureau will issue an announcement to revoke your company's business license.
Can I still be a legal representative if I am blacklisted by the bank? This does not affect, just your loan business. Not as long as it's not blacklisted on the website of the industrial and commercial bureau.
Above, for reference only!
Does the blacklist of shareholders have an impact on the change of legal person by enterprises? Yes, relevant information can be found through the networking of the Industrial and Commercial Bureau. In some cases, the industrial and commercial bureaus in some areas are not allowed to change legal persons.
The company was blacklisted for serious dishonesty. Does it affect legal persons? Of course it matters. The company's untrustworthy legal person will also be included in the untrustworthy list. Let's do it again and again as soon as possible. Being listed as a person who is untrustworthy will affect daily life. You can't go abroad by plane or train, resulting in high consumption.
If an enterprise is listed in the list of business anomalies and fails to declare and pay taxes within the time limit prescribed by the tax authorities, the tax authorities will impose a fine of more than 200 yuan per month on the enterprise in addition to paying taxes, and a late fee will be added if the overdue period is longer; If the circumstances are serious, the tax authorities will impose a heavier and correspondingly higher fine;
Failing to file tax returns with the tax registration authority for three consecutive months, the tax registration authority will cancel the tax registration certificate of the enterprise. After the tax registration certificate is cancelled by the tax bureau, it will not be restored, that is to say, all the licenses of the enterprise will be invalid one after another because of the cancellation of the tax registration certificate.
If the tax registration certificate is cancelled without the consent of the tax registration authority, even if the cancellation is applied to the issuing authority, all other certificates of the company cannot be applied for cancellation, and they will become invalid one after another.
The identity card information of all shareholders of the company will be blacklisted by the relevant registration authorities. In the future, loans, reinvestment, and going abroad will all be affected.
Many customers can easily register companies, but they don't know how to file tax returns every month and how to maintain them. The company has just been established and doesn't want to spend too much money to hire people. If there is no business contact, it will continue like this, then when it is really needed, the annual inspection will be abnormal, and all banks on the website of the tax bureau will declare the fine overdue. At this time, it is necessary to handle the exception in order to run normally. If you ignore it for a year or two, you will definitely be fined, and if you don't deal with it for a long time, you will be blacklisted.
If the business of the enterprise is not inspected annually, what impact will it have on the legal person and shareholders? If left untreated for a long time, it is easy to be blacklisted, and people on the blacklist cannot be changed into legal persons.