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Enterprise closes cancellation process

The process for enterprise closure and cancellation is as follows:

1. The enterprise should publish a simple cancellation announcement in the National Enterprise Credit Information Publicity System and report it to the industrial and commercial department within 30 days from the day after the expiration of the announcement period. Apply to cancel the simple cancellation announcement;

2. The enterprise needs to go to the tax department to handle tax clearance procedures such as settling the tax payable and canceling invoices;

3. The industrial and commercial department fills in the enterprise information interface A download module for the simple cancellation commitment letter is provided, and the enterprise needs to download, fill in and upload it;

4. If the completion of the commitment letter is not standardized, the enterprise can make corrections and apply for simple cancellation again;

5. Enterprise During the announcement period, industrial and commercial registration changes and related tax-related matters are not allowed;

6. If the simple cancellation announcement is revoked or simplified cancellation is not granted, the enterprise can handle industrial and commercial registration and tax-related matters normally;

7. When applying for deregistration again, the enterprise can only exit the market through ordinary deregistration procedures;

8. After the liquidation is completed, the liquidation team should prepare a liquidation report and submit it to the company for registration after confirmation by the shareholders' meeting. authorities, apply for deregistration of the company and announce the company's termination.

Legal implications of enterprise cancellation:

1. Handling of claims and debts: Before deregistration, enterprises need to liquidate debts and handle debt relationships with creditors;

2 , Tax liquidation: Enterprises need to conduct tax liquidation to ensure that all tax issues are properly resolved;

3. Protection of employee rights and interests: Enterprises should handle employees' labor relations in accordance with the law and pay corresponding economic compensation;

4. Handling of trademarks and patent rights: After the enterprise is canceled, relevant intellectual property rights such as trademarks and patents need to be transferred or canceled;

5. Termination of legal person’s liability: After the enterprise is canceled, the legal person’s Legal liability will terminate accordingly, but you will still be responsible for any illegal acts committed before deregistration.

To sum up, the enterprise cancellation process includes publishing a cancellation announcement in the national enterprise credit information publicity system, clearing taxes to the tax department, downloading and filling in a simple cancellation commitment letter, and not handling industrial and commercial changes and related matters within the prescribed period. Tax matters, amend the commitment letter if necessary or re-apply for cancellation through ordinary procedures, and submit a liquidation report after the liquidation is completed to complete the company's registration cancellation and announcement of termination.

Legal basis:

"Company Law of the People's Republic of China"

Article 187

Liquidation After cleaning up the company's property and preparing a balance sheet and property list, if the team discovers that the company's property is insufficient to pay off its debts, it shall apply to the People's Court for declaration of bankruptcy in accordance with the law. After the company is declared bankrupt by the People's Court, the liquidation team shall transfer the liquidation matters to the People's Court.

"Company Law of the People's Republic of China"

Article 188

After the company's liquidation is completed, the liquidation team shall prepare a liquidation report , report to the shareholders' meeting, general meeting of shareholders or the people's court for confirmation, and submit to the company registration authority to apply for cancellation of company registration and announce the company's termination.

"Company Law of the People's Republic of China"

Article 179

If a company is merged or divided and the registered items are changed, Change registration shall be carried out with the company registration authority in accordance with the law; if the company is dissolved, company cancellation registration shall be carried out in accordance with the law; if a new company is established, company establishment registration shall be carried out in accordance with the law. If a company increases or decreases its registered capital, it must apply for change registration with the company registration authority in accordance with the law.