Survival means that an enterprise exists according to law and continues to operate normally. Also known as open, normal and registered.
Because different provinces may have subtle differences, generally speaking, doing business is normal, operating, doing business is effective, and doing business is doing business.
Generally speaking, the operating conditions can be divided into eight categories: surviving, in service, cancellation, cancellation, moving in, moving out, closing down and liquidation.
1. The existence of corporate identity means that the enterprise exists according to law and continues to operate normally. Also known as open, normal and registered. ?
2 operating conditions refer to the normal production of enterprises, and new enterprises include partial production or trial operation.
Because there may be subtle differences among provinces, generally speaking, doing business is normal, managing, doing business is effective, and doing business is doing business. ?
3. Unregistered business status means that revoking the business license of the enterprise is an administrative punishment imposed by the Industrial and Commercial Bureau on illegal enterprises. After the license of an enterprise is revoked, it shall be liquidated according to law. After liquidation and cancellation of industrial and commercial registration, the enterprise as a legal person shall be eliminated. ?
4. The cancellation of corporate status means that the enterprise no longer exists and loses its corporate status. ?
5. Closure means that the enterprise registration authority changes and moves out of a competent authority.
6. Moving in as an enterprise refers to the change of the enterprise registration authority and moving into a competent authority.
7. Suspension of business means that the enterprise stops its production and business activities at the end of the period for some reason and resumes production after the conditions change.
8. Enterprise liquidation refers to an economic activity in which an enterprise conducts a comprehensive inventory of its property, creditor's rights and debts, recovers its creditor's rights, pays off its debts and distributes the remaining property after it is dissolved and terminated due to bankruptcy, cancellation and other reasons.
The difference between revocation and cancellation:
1, and their actors are different. Revoking the business license of an enterprise as a legal person is the initiative of the enterprise registration authority; The cancellation of the business license of an enterprise as a legal person is the initiative of the enterprise.
They are different in nature. Revocation is an administrative punishment caused by illegal acts of enterprises; Cancellation is a normal legal act of enterprise termination.
3. The legal consequences of the two are different. Revocation will bring certain restrictions to enterprises, their legal representatives and directly responsible pedestrians, and even bear serious legal responsibilities; Cancellation is the termination of the company's subject qualification in accordance with the procedures prescribed by law, and it is a consequence protected by law. Even if the original shareholders continue to carry out activities in the name of the company, it has nothing to do with other shareholders of the original company.
If the business license is revoked or not cancelled, the legal representative will have the following effects:
1, no loan;
2. Can't do immigration; ?
3, can not receive pension insurance; ?
4. The company will be fined 2000- 10000 yuan by the tax bureau every year;
5. Will be prohibited from leaving the country;
6. Being included in the industrial and commercial blacklist, he can no longer serve as the legal representative.
Extended data:
Unlisted enterprises that exist in the form of group companies or parent companies after restructuring are called surviving enterprises.
Interpretation of "Surviving Enterprise" in Academic Literature
1. merger means that an enterprise accepts other enterprises (the target enterprise joins the enterprise, the target enterprise is dissolved, and the recipient continues to exist (called the surviving enterprise). Merger by acquisition, that is, after acquiring all the shares of the target enterprise to gain control over the target enterprise 100%, the target enterprise is dissolved and merged.
2. The corresponding enterprises formed after the reorganization of other businesses are collectively called surviving enterprises.
Since the 1990s, in order to promote and speed up the reform and reorganization of state-owned enterprises, meet the listing requirements, make them go public for financing as soon as possible, and solve the fund problem urgently needed for the subsequent development of state-owned enterprises, state-owned enterprises have generally adopted the mode of separation of survival and reorganization, that is, divesting, reorganizing and listing their core businesses and related high-quality assets.
Unlisted enterprises that exist in the form of group companies or parent companies after the state-owned enterprises are listed in the form of surviving and separating are called state-owned surviving enterprises.
State-owned surviving enterprises mainly have the following four problems:
1, the asset quality of state-owned surviving enterprises is generally poor;
2. The state-owned enterprises have a large proportion of surplus personnel, structural redundancy and shortage of personnel coexist, and the proportion of unproductive personnel in all employees is too high, which puts great pressure on personnel diversion;
3. The business of state-owned surviving enterprises started and grew up under special social and political background and economic conditions, and it is an auxiliary business and subsidiary business attached to the main business;
4. From the perspective of operation and management, after the main business of state-owned enterprises in different industries, different regions and different scales is restructured and listed, the operating policies and management systems of the surviving enterprises are quite different. From the perspective of management policies and organizational management systems, there are hidden dangers.
At present, with the participation of private enterprise groups in listing, the concept of surviving enterprises has been extended.
References:
Baidu Encyclopedia-Surviving Enterprises