Revocation of license: refers to the act of the industrial and commercial bureau forcibly terminating the business right of an enterprise. Before cancellation, the company still exists, but it is not allowed to carry out business. It can only conduct litigation activities, sue and respond in its own name. Until it's cancelled.
As can be seen from the above description, cancellation is a legal act and the final and only result of the company's suspension of business. However, revocation is only a process. Even if the business license of the enterprise is revoked, although it can't operate, it still exists, and it must bear the corresponding creditor's rights and debts.
Second, the difference between the process:
Enterprise cancellation: it needs to go through a relatively complicated process. Set up a liquidation group-issue a liquidation report-pay taxes and wages-clarify the relationship between creditor's rights and debts-cancel the tax-cancel the business-cancel the bank.
Revocation of license: very simple. As long as you don't go to the annual inspection, you will definitely be revoked by the industrial and commercial bureau. If you don't file tax returns regularly every month, you will be blacklisted by the tax bureau. In the future, you have to pay a fine of 2000- 10000 yuan to cancel your tax, and then you can continue to cancel your business.
Third, the difference between legal results:
Enterprise cancellation: this is a legal procedure, and the law requires enterprises to cancel when they close their doors. Therefore, there are no legal adverse consequences.
Revocation of license:
1. According to the fourth paragraph of Article 147 of the Company Law, "if he acts as the legal representative of a company or enterprise whose business license has been revoked due to violation of the law and is ordered to close down, and bears personal responsibility, it has not been more than three years since the date when the company or enterprise has its business license revoked;" People "shall not serve as directors, supervisors and senior managers of the company".
2. The Regulations of the State Administration for Industry and Commerce on the Administration of Registration of Legal Representatives of Enterprise Legal Persons also clearly stipulates that a person who is the legal representative of an enterprise whose business license has been revoked due to violation of law and who is personally responsible for the illegal acts of the enterprise shall not be the legal representative of other enterprises if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.
3. The investors of the cancelled enterprise or the shareholders of the limited company shall fulfill the obligation of organizing liquidation according to law. Those who refuse liquidation shall bear the legal consequences arising therefrom.
4. The enterprise whose business license has been revoked shall return the official seal of the business license and the special seal for the contract to the original registration authority. Refusing to return it is a violation of the provisions on registration management, and may request the local public security organ to assist in the collection. Those who engage in business activities with a business license that should be confiscated shall be treated as unlicensed. If a crime is constituted, criminal responsibility shall be investigated according to law.
Some customers will ask, even if it is cancelled, how will others know that our company has been cancelled? There won't be any trace on the original business license. Can you still do business quietly? You know, it's dangerous. Because anyone can find out whether your company's current status is "revoked" or "normal" on the website of Shanghai Administration for Industry and Commerce without spending a penny.
It is also known that the Municipal Administration for Industry and Commerce is actively preparing for the establishment of an enterprise credit information platform. The bad information of some enterprises whose business licenses have been revoked and their legal representatives who are responsible for serious violations of laws and regulations will be locked into the warning information base, and classified supervision will be implemented. Gradually implement the "blacklist" system, expand the scope of dishonesty publicity, facilitate investors, trading partners and consumers to conduct market research, and ensure the safety of transactions. These bad credit records will not end because of the demise of the enterprise or the resignation of the responsible person, and these bad records will not be eliminated in the personal name of the responsible person for a relatively long time, which will make him bear the consequences of losing faith in society. Seriously, it will affect the personal purchase of bank loans. If your license is revoked, you may not be able to apply for a bank loan smoothly.
At the same time, the legal representative of the revoked enterprise who works in other related enterprises will also be included in the liquidation and monitoring scope by the industrial and commercial departments.