1. If the industrial and commercial department revokes the business license in accordance with legal provisions and statutory procedures, it cannot be reinstated; if you are not satisfied with the revocation of your business license, you can request a hearing in writing within 3 days of the penalty decision, or you can file an appeal The first-level industrial and commercial administration department may file an administrative reconsideration or file an administrative lawsuit within 3 months of receiving the decision.
1. According to legal provisions, the revocation of the business license of a corporate legal person is only the beginning of the dissolution process. The "Company Law" stipulates that after an enterprise's legal person has its business license revoked, it must be liquidated in accordance with the law. After the liquidation process is completed and the industrial and commercial deregistration is completed, the enterprise's legal person will be eliminated. However, during this period, the enterprise's qualifications as a subject of civil litigation will be retained.
2. An enterprise whose business license has been revoked is a qualified plaintiff regardless of whether it has legal personality or not. If a liquidation group is established, the liquidation group will be the plaintiff. If not, the enterprise can sue in its own name. When an enterprise whose business license has been revoked is named as a defendant, if the enterprise is an unincorporated enterprise, its investors, partners, and legal person founders will be listed as defendants. For an enterprise with legal person status, if a liquidation group is established, the liquidation group will be the defendant. Otherwise, the additional liquidation subject may be *** and the defendant shall bear corresponding responsibilities.
3. If you want to restore your business license, first of all, according to our country's laws, the revocation of your business license is a penalty. That is, although the subject qualifications exist, you have already withdrawn from the market. This cannot be restored, but you can There are also cases where some provinces and cities have reinstated their policies after paying fines. For details, you can consult the local industrial and commercial bureau.
4. Similarly, if you are not satisfied with the result of administrative review, you can also file a lawsuit to restore it.
5. Finally, you can go directly to the People's Court to request the cancellation of the administrative action and restore the original status.
2. A business license is a certificate issued by the industrial and commercial administration authority to industrial and commercial enterprises and individual traders allowing them to engage in certain production and business activities. Its format is uniformly stipulated by the State Administration for Industry and Commerce. The registration matters are: name, address, person in charge, amount of funds, economic composition, business scope, business method, number of employees, business period, etc. The business license is divided into original and duplicate, both of which have the same legal effect. The original copy shall be placed in a conspicuous place at the company's residence or business premises, and the business license shall not be forged, altered, rented, lent or transferred. Industrial and commercial enterprises or self-employed individuals without a business license are not allowed to open their business. They are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements. They are not allowed to open bank accounts.
Legal basis:
"Regulations of the People's Republic of China on the Registration and Management of Market Entities" Article 26 If a market entity changes its business scope, it is a project that requires approval according to law , should apply for change registration within 30 days from the date of approval. If the license or approval document is revoked, revoked or the validity period expires, an application for change registration or cancellation of registration shall be made to the registration authority within 30 days from the date the license or approval document is revoked, revoked or the validity period expires.
Article 31 of the "Measures for the Registration and Management of Enterprise Names" of the State Administration for Industry and Commerce stipulates that the name of an enterprise whose business license has been revoked shall not be used within three years.
"Regulations of the People's Republic of China on the Registration and Management of Enterprise Legal Persons"
Article 30: When handling illegal activities of enterprise legal persons, the registration authority must ascertain the facts, handle them in accordance with the law, and Notify the parties concerned in writing of the processing decision.
Article 31 If an enterprise legal person is dissatisfied with the punishment imposed by the registration authority, it may apply for reconsideration to the registration authority at the next higher level within 15 days after receiving the penalty notice. The superior registration authority shall make a reconsideration decision within 30 days from the date of receipt of the reconsideration application. If the applicant is dissatisfied with the reconsideration decision, he may file a lawsuit with the People's Court within 30 days from the date of receipt of the reconsideration notice. If an appeal is not filed within the time limit and fines and forfeitures are not paid, the registration authority may apply to the People's Court for compulsory enforcement in accordance with prescribed procedures.
Article 32 If an enterprise legal person's "Enterprise Legal Person Business License" is revoked, the registration authority shall collect its official seal and notify the bank where it opened an account of the cancellation of registration. Its claims and debts shall be settled by the competent department or liquidation organization. Responsible for cleanup.