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How soon will shell companies automatically cancel?
How soon will shell companies automatically cancel?

In our view, it is very serious to register a shell company, which is also registered in the national system. We can't stay out of it forever. Let's share how long it takes for shell companies to automatically cancel.

How long will the shell company automatically cancel 1 1. How soon will the company automatically cancel?

Generally speaking, after the liquidation, the company officially enters the cancellation procedure. The whole process of canceling the company takes 6- 12 months. After the cancellation of the company, the company's legal personality will be completely eliminated. Before liquidation, the company still has the status of a legal person, and its rights, obligations and capacity have not changed;

After the liquidation, the company entered a special stage, and its rights, obligations and capacity to act were correspondingly reduced and restricted. However, during the liquidation period, the company still has legal person status and can participate in civil litigation. After the liquidation is completed, the company's legal person qualification ability is further reduced. There are only a few obligations left, such as paying debts.

Second, the reasons for the cancellation of the company

There are internal and external reasons for the cancellation of a company, such as poor management of the company and sluggish market. External reasons, such as cancellation or cancellation, are as follows: the shareholders or shareholders' meeting make a resolution to dissolve the company, the company is declared bankrupt according to law, the business term stipulated in the company's articles of association expires and will not be renewed, the reasons for dissolution stipulated in the company's articles of association or laws appear, the company is dissolved due to merger or division, the company is forcibly dissolved according to law, and the company is cancelled or revoked.

Three. Matters needing attention in company cancellation

1. Within 30 days from the date of liquidation, the company applying for cancellation needs to apply to the company registration authority for cancellation of registration. If the enterprise is cancelled abnormally, if it is not inspected in the second year, it will be deemed as automatic cancellation. The legal representative and shareholders' meeting of the revoked enterprise are blacklisted by the industrial and commercial bureau, and may not be able to re-register the company in his own name within three years. Bad personal credit records will be kept for seven years and they will be fined.

2. Matters needing attention in notice and announcement of creditors:

The liquidation group shall notify creditors within 65 days from the date of its establishment and make an announcement in the newspaper within 60 days. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors. It is recommended to keep the delivery receipt and the newspaper that publishes the announcement.

3. Legally resettle workers.

The cancellation of the company does not belong to the termination of the labor contract as stipulated in the contract or stipulated by law. If it is necessary to terminate the labor contract, it shall provide economic compensation to the laborer in accordance with the contract and the relevant provisions of China's labor contract law. The specific situation varies according to the contents of the contract and the actual situation of the workers.

How often will shell companies automatically cancel 2. How to cancel a shell company?

Go to the national tax office to cancel the national tax first, and then take the cancellation form of the national tax to cancel the business license for industry and commerce! Cancellation of the company may involve auditing! The company cancellation process is as follows:

1, passed by resolution of the board of directors;

2. Approved by the investor (shareholder);

3. Approved by the Foreign Trade and Economic Cooperation Bureau;

4. Establish a liquidation group to liquidate assets, make an announcement and issue a liquidation report;

5. Cancel the tax (national tax, local tax) registration certificate;

6, customs, finance and statistics departments for cancellation of approval;

7. Cancellation of foreign exchange registration certificate (foreign currency and RMB are remitted after purchasing foreign exchange, and foreign currency and RMB accounts are cancelled);

8. Cancellation of business (business license);

9. Cancel the bank account.

Second, the conditions for cancellation of the company

1, the company was declared bankrupt according to law;

2. The business term stipulated in the Articles of Association expires or other reasons for dissolution occur;

3. The company is dissolved due to merger or division;

4. The company is ordered to close down according to law and can apply for cancellation.

Of course, if you don't want to start a company in the future, you don't have to go through the cancellation procedures, because if you don't report the annual report every year, the industrial and commercial bureau will automatically cancel the company license. In addition, if the company stops filing tax returns, the tax bureau will naturally stop the company's tax registration certificate. However, the premise of this practice is that it no longer has the qualification to become an enterprise legal person within three years, and it will return to normal after three years.

How soon will shell companies automatically cancel? 3. How long does it take for the enterprise to automatically cancel?

When the company stops operating, its business license will not be cancelled automatically. Only the company registration authority finds that the company fails to accept the annual inspection according to the regulations, and is subject to administrative punishment, so it will accept the annual inspection within a time limit; Failing to accept the annual inspection within the time limit, the business license shall be revoked. Or if the industrial and commercial supervisors find that your company has been closed for more than 6 months without justifiable reasons, the business license shall be revoked.

Legal basis:

Article 2 1 1 of the Company Law

If a company fails to start business for more than six months after its establishment without justifiable reasons, or if it stops business for more than six months after its opening, its business license may be revoked by the company registration authority.

When the registered items of the company change, if the relevant change registration is not handled in accordance with the provisions of this law, the company registration authority shall order it to register within a time limit; Those who fail to register within the time limit shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

How long will it take to cancel the shell company?

It usually takes 2-3 months to cancel a shell company, and the process of industry and commerce and taxation can be carried out at the same time. First of all, the industrial and commercial bureau needs to go there for record cancellation, and then publish it in the newspaper. It takes 45 days to submit the formal cancellation information, and it takes one week to approve it. If there is no national tax, you can cancel the local tax directly, which takes 15-20 days. If there is a national tax, the national tax must be cancelled first, and then the local tax must be cancelled.

Is it illegal to register a shell company in China?

The formal business operation process is not illegal, but it needs zero declaration every month and annual inspection at the end of the year, otherwise it will be blacklisted until the license is revoked. If some lawless elements use shell companies to engage in various illegal and criminal activities such as fraud, involving a wide range of fields, disrupting economic order and endangering economic security, their destructive power cannot be underestimated and should be highly valued. Relevant departments should severely crack down on all kinds of illegal and criminal activities carried out by shell companies and maintain the order of market economy.

Shell companies usually have the following characteristics:

(1) No directors have ever been appointed.

(2) The official seal, shares and other documents required by law have been completed.

(3) Never started business, so the buyer can use the required documents immediately without worrying about hidden risks.

The use of shell companies is very common in most countries or regions, such as Hong Kong, Singapore, Britain, the United States, Cayman Islands, etc., and there is no risk in most cases. Usually, a ready-made company will not appoint any directors before the sale, and the company has no right to conduct business, so there is no potential risk.

Are general companies shell companies?

The existence of a company is not a shell company, but a company that exists according to law and continues to operate normally. Also known as open, normal and registered.

The existence of a company is usually unaffected by changes in shareholders. Because the company is separated from shareholders, the death, withdrawal and bankruptcy of shareholders will not affect the existence of the company in principle. Companies can exist independently, so they can live forever.