Compared with registered companies, it is a complicated, time-consuming and laborious thing to cancel a company, and there are many things to be handled in the process of canceling a company, which is even more complicated if it involves handling tax and industrial and commercial anomalies.
Extended data:
Legal basis:
According to the provisions of Articles 184, 185, 186, 187, 188 and 189 of the Company Law of People's Republic of China (PRC), the cancellation of registration and termination of the company's legal person qualification must be liquidated according to the following steps after the company is cancelled.
1. A liquidation group shall be established according to law. The company shall set up a liquidation group within 15 days from the date of the dissolution, and 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. If a liquidation group is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation. The people's court shall accept the application and promptly organize a liquidation group to carry out liquidation.
2. Announce and notify creditors to declare their creditor's rights, and register the creditor's rights according to law. 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. Creditors shall, within 30 days from the date of receiving the notice, and within 45 days from the date of announcement if they have not received the notice, declare their claims to the liquidation group. When a creditor declares its creditor's rights, it shall explain the relevant matters of the creditor's rights and provide supporting materials. The liquidation group shall register the creditor's rights. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors.
Three. The liquidation team took over the company and began liquidation. The liquidation group shall take over the company from the date of establishment, liquidate the company's unfinished business, clear up the company's creditor's rights and debts, dispose of the company's remaining property after paying off its debts, pay off the taxes owed and the taxes generated in the liquidation process, and participate in civil litigation activities on behalf of the company.
4. The liquidation group shall comprehensively clean up the company's assets and prepare a balance sheet and a list of assets.
Verb (abbreviation of verb) The liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, shareholders' meeting or people's court for confirmation. Among them: after clearing the company's property, compiling the balance sheet and property list, the liquidation group finds that the company's property is insufficient to pay off debts, and shall apply to the people's court for bankruptcy according to law. After the company is declared bankrupt by the people's court, the liquidation group shall hand over the liquidation affairs to the people's court.