The State Administration for Industry and Commerce's Regulations on the Administration of Registration of Legal Representatives of Enterprises as Legal Persons also clearly stipulates that a person who serves as the legal representative of an enterprise whose business license has been revoked due to violation of laws and is personally responsible for the illegal acts of the enterprise shall not serve as the legal representative of other enterprises if it has not been more than three years since the date of revocation of the business license of the enterprise.
The original and duplicate of the business license have the same legal effect, and there is no difference in essence. If there is a difference, it is only a form of representation. In terms of use, it was originally "must be hung" in an obvious place in the business premises, otherwise it may be fined for not hanging the license; Copies are generally used for going out to handle business, such as handling bank account opening license, enterprise organization code certificate, tax registration certificate, signing contract, etc.
According to Article 12 of the Regulations on Individual Industrial and Commercial Households, if individual industrial and commercial households no longer engage in business activities, they shall cancel their registration with the registration authority.
The cancellation process of business license of a limited liability company:
(1) filing and registration
A liquidation group shall be established within 0/5 days from the date of cancellation (dissolution) to start liquidation. The liquidation group of a limited liability company is composed of shareholders, and the liquidation group of a joint stock limited company is composed of directors or personnel determined by the shareholders' meeting. The liquidation group shall, within 10 days from the date of its establishment, file the names of the members of the liquidation group and the person in charge of the liquidation group with the company registration authority, and receive the Notice of Company Filing;
Materials to be submitted by members of the liquidation group for filing:
1. Application form for company filing signed by the legal representative (official seal of the company);
2. Certificate of the designated representative or authorized agent signed by the company (official seal of the company) and a copy of the ID card of the designated representative or authorized agent; The specific entrusted matters, the authority of the client and the entrustment period shall be indicated.
3. Resolution (decision) on the establishment of the liquidation group submitted by the limited liability company to the shareholders' meeting (signed by shareholders representing more than two thirds of the voting rights, signed by natural person shareholders themselves, and sealed by shareholders other than natural persons); A written document (decision) submitted by a one-person limited liability company to shareholders on the establishment of a liquidation group (if the shareholder is a natural person, it shall be signed by himself and sealed by corporate shareholders).
4. Copy of the Company's Business License for Enterprise as a Legal Person (stamped with the official seal of the company).
(2) liquidation
The liquidation group shall notify creditors within 10 days from the date of its establishment and make an announcement in a newspaper within 60 days.
Cancellation of tax registration and other liquidation work (omitted)
(3) Cancellation of registration
The liquidation group of the company shall apply to the original company registration authority for cancellation of registration within 30 days from the date of liquidation of the company, and submit the following materials:
1. Application for cancellation of company registration signed by the person in charge of the liquidation group of the company (with the official seal of the company);
2. Certificate of the designated representative or authorized agent signed by the company (official seal of the company) and a copy of the ID card of the designated representative or authorized agent;
The specific entrusted matters, the authority of the client and the entrustment period shall be indicated.
3. Notice of confirmation of filing by members of the liquidation group;
4. Resolutions or decisions made in accordance with the Company Law;
The resolution (decision) submitted by a limited liability company to the shareholders' meeting shall be signed by shareholders representing more than two thirds of the voting rights. If the shareholders are natural persons, they shall be signed by themselves and sealed by shareholders other than natural persons. Written decision submitted by a one-person limited liability company to shareholders (if the shareholder is a natural person, it shall be signed by himself and stamped with the official seal of corporate shareholders).
The reform of simple cancellation of enterprises has been implemented.
The reform of simple cancellation of enterprises was fully implemented nationwide a few days ago. If an enterprise conceals the real situation or practices fraud in the simple cancellation, the registration authority may cancel the cancellation according to law, and at the same time, the enterprise will be included in the list of serious illegal and untrustworthy enterprises and publicized through the national enterprise credit information publicity system.
According to the Guiding Opinions of the State Administration for Industry and Commerce on Promoting the Reform of Simple Cancellation Registration of Enterprises in an All-round Way, in order to shorten the withdrawal period of market participants, reduce the withdrawal cost and improve the registration efficiency, the reform of simple cancellation registration of enterprises has been comprehensively implemented nationwide.
The State Administration for Industry and Commerce said that the full implementation of the reform of the registered capital registration system has greatly stimulated market vitality and social investment enthusiasm, and the number of market players has grown rapidly. While market access is efficient and convenient, there are still problems of poor exit channels. According to the current laws and regulations, the procedure of canceling an enterprise is complicated and takes a long time, which affects the efficiency of the market mechanism to some extent.
The State Administration for Industry and Commerce requires that qualified enterprises can choose to apply general cancellation procedures or simple cancellation procedures. These conditions include no business activities after obtaining the business license, no creditor's rights and debts before applying for cancellation of registration, or the liquidation of creditor's rights and debts has been completed.
Applicable enterprise types include limited liability company, unincorporated enterprise as a legal person, sole proprietorship enterprise and partnership enterprise. To choose an enterprise that applies the simple cancellation registration procedure, it is also necessary to issue an announcement on the national enterprise credit information publicity system.
The registration authority will push the relevant information of the enterprise's application for simple cancellation of registration to the departments of taxation, human resources and social security at the same level through the national enterprise credit information publicity system, and push it to the competent commercial department at the same level for foreign-invested enterprises.
The State Administration for Industry and Commerce specifically pointed out that if an enterprise conceals the real situation or practices fraud in the simple cancellation of registration, the registration authority may cancel the cancellation of registration according to law, and at the same time, include the enterprise in the list of serious illegal and untrustworthy enterprises, and publicize it through the national enterprise credit information publicity system.