The cancellation of a company refers to the process that a company needs to apply to the registration authority for cancellation and terminate its legal person status when it is declared bankrupt, acquired by other companies, not extended after the prescribed business term expires, or dissolved internally. There are internal and external reasons for the cancellation of the company, such as poor management and depressed market. External reasons, such as cancellation, cancellation, etc.
1. Shareholders or shareholders' meeting decide to dissolve the company; The company is declared bankrupt according to law; The business term stipulated in the Articles of Association expires and will not be extended; Reasons for dissolution stipulated in the articles of association or laws appear; The company is dissolved due to merger or division; The company is forcibly dissolved according to law; The company is cancelled or cancelled after cancellation. Before liquidation, the company still has the status of a legal person, and its rights, obligations and capacity have not changed.
2. After the liquidation begins, the company will enter a special stage, and its rights, obligations and capacity will be reduced and restricted accordingly. However, during the liquidation period, the company still has legal person status and can participate in civil litigation. After the liquidation, the company's legal person qualification and capacity will be further reduced. There are only a few obligations left, such as paying debts. After the liquidation, the company officially entered the cancellation procedure. Generally speaking, the whole cancellation process takes 6- 12 months. After cancellation, the legal person status of the company is completely eliminated.
Third, the cancellation of a company is generally due to some phenomena that do not exist in law. For example, the registration authority later found that there was something wrong with the data when the company was registered. Cancellation is the legal withdrawal of administrative license and the reason for the cancellation of the company. A company is usually cancelled because it has violated relevant regulations or failed to fulfill its corresponding obligations, such as not having an annual report. Cancellation is not only a punishment for the company, but also a reason for the company to cancel.
4. The cancellation of the company can be active, such as not renewing the license when it expires, or passive. For example, after the company is revoked or cancelled, it should be liquidated and cancelled according to law.