(1) Making an announcement. If an enterprise chooses the simple cancellation procedure, it should take the initiative to announce to the public in the National Enterprise Credit Information Publicity System (Guangdong) (hereinafter referred to as the "publicity system") the information about the intended application for simple cancellation registration and the commitment of all investors before applying for simple cancellation registration (except for enterprises whose compulsory liquidation procedure is terminated or bankruptcy procedure is terminated by the people's court).
1.Requirements for enterprises to issue announcements. Before an enterprise issues an announcement, it shall ensure that its liquidation work has been completely completed, and there are no outstanding liquidation expenses, employees' wages, social insurance expenses, statutory compensation, unpaid taxes and other outstanding matters, and the creditor's rights and debts have been liquidated.
2. Ways for enterprises to issue announcements. An enterprise shall make an announcement to the public in the column of Simple Cancellation Announcement in the publicity system.
3. The contents of the announcement issued by the enterprise. The enterprise shall fill in the information of applying for simple cancellation of registration online, and upload the Commitment Letter of All Investors signed by all investors.
4. Time limit for enterprises to issue announcements. The announcement period is 45 days. No matter whether there is any objection during the announcement period, the announcement period will not be interrupted.
5. Registration restrictions on enterprises that have issued announcements. Once an enterprise issues an announcement in the publicity system, it will be restricted to handle all registration business, but the annual report submitted by the enterprise is not restricted.
6. The enterprise voluntarily cancels the announcement. Before submitting an application for simple cancellation of registration to the registration authority, an enterprise may take the initiative to cancel the announcement in the publicity system. Once the enterprise cancels the announcement, it cannot make another announcement.
(2) information push. The Provincial Administration for Industry and Commerce relies on the * * * sharing platform of Guangdong government information resources to realize the push and feedback of information related to the simple deregistration of enterprises with the provincial departments of human resources and social security, commerce, local tax and national tax (except Guangzhou and Shenzhen), and other departments can obtain the information related to the simple deregistration of enterprises through the publicity system.
The Provincial Administration for Industry and Commerce will transmit the simple cancellation announcement of enterprises, the cancellation of simple cancellation announcement of enterprises, the rejection of simple cancellation registration, the denial of simple cancellation registration, the approval of simple cancellation registration and other related information to the Guangdong provincial government information resource sharing platform in real time. Provincial human resources and social security, commerce, local tax, national tax and other departments go to the Guangdong provincial government information resources sharing platform to obtain data and distribute them to units below the provincial level.
(3) raise objections. During the announcement period, human resources and social security, commerce, local tax, national tax and other departments raised objections to the enterprise announcement information through the Guangdong provincial government information resources sharing platform; Relevant stakeholders and other relevant government departments can raise objections to the information of the simple cancellation announcement of enterprises through the "objection message" function of the column of the simple cancellation announcement of the publicity system. After the expiration of the announcement period, the publicity system will no longer accept objections.
(4) Application for registration. The enterprise shall, within 30 days after the expiration of the announcement, submit the following application materials to the registration authority to apply for simple cancellation of registration:
1.Application for Simple Cancellation of Enterprise Registration;
2. Letter of Commitment for All Investors (the materials need not be submitted to the people's court for an enterprise whose compulsory liquidation ends and the people's court for an enterprise whose bankruptcy procedure ends);
3. Power of Attorney of Designated Representative or Agent Entrusted by * * * (If the investor of a sole proprietorship enterprise does not entrust an agent, it is not necessary to submit this material);
4. Original and duplicate of business license;
5. An unincorporated enterprise legal person shall submit the official seal of the enterprise legal person. If the official seal has been handed over to the public security organ or other departments, the certificate of collection shall be submitted.
If an enterprise fails to submit an application for simple cancellation of registration to the registration authority within 30 days after the expiration of the announcement, it shall be deemed to have terminated the simple cancellation registration procedure by itself, and the enterprise cannot apply for simple cancellation registration again.
(5) Acceptance and decision. After receiving the application, the registration authority shall conduct a formal review of the application materials, or use the publicity system to search and check the enterprises applying for simple cancellation of registration, and make the following decisions according to the situation within 3 working days:
1.Simple cancellation of registration will not be accepted. For enterprises that do not meet the conditions for simple cancellation of registration, the registration authority shall issue a Notice of Non-acceptance.
2. Grant simple cancellation of registration. For enterprises that have not raised objections during the announcement period, the registration authority shall make a decision to approve the simple cancellation of registration and issue a Notice of Approval of Simple Cancellation of Registration.
3. No simple cancellation of registration. For enterprises that have raised objections during the announcement period, the registration authority shall make a decision not to cancel the registration simply, and issue a Notice of Not Cancelling the registration simply.
Extended data:
(a) the principle of simple cancellation of registration of enterprises.
The simple cancellation registration of enterprises shall be based on the principle of independent choice of enterprises, and the registration authority shall fully respect the autonomy and autonomy of enterprises, and allow qualified enterprises to choose general cancellation procedures or simple cancellation procedures independently.
In any of the following circumstances, an enterprise shall cancel its registration in accordance with the general procedures.
1.has been rejected by the registration authority for simple cancellation of registration;
2. It has been decided by the registration authority not to cancel the registration simply;
3. Having been revoked by the registration authority for simple cancellation of registration;
4. The enterprise has taken the initiative to cancel the simple cancellation announcement;
5. The enterprise fails to submit an application for simple cancellation of registration to the registration authority within 30 days after the expiration of the announcement.
(two) the scope of application of the enterprise's simple cancellation registration.
1.The enterprise applying for simple cancellation of registration shall be one of the following four types of enterprises (excluding branches): limited liability company, unincorporated enterprise legal person, sole proprietorship enterprise and partnership enterprise.
2. An enterprise applying for simple cancellation of registration shall fall into one of the following two situations:
(1) Failing to carry out business activities after obtaining the business license (hereinafter referred to as "not opened");
(2) Creditor's rights and debts have not occurred or have been liquidated before applying for cancellation of registration (hereinafter referred to as "creditor's rights and debts").
3. In any of the following circumstances, the simple cancellation registration procedure is not applicable to the enterprise:
(1) Foreign-invested enterprises that implement special access management measures as stipulated by the state, excluding domestic limited liability companies reinvested by foreign-invested enterprises;
(2) being included in the list of abnormal business operations or the list of enterprises that are seriously illegal and untrustworthy;
(3) The ownership (investment interest) is being frozen, pledged or mortgaged according to law;
(4) Being under investigation, taking administrative enforcement, judicial assistance or having been given administrative punishment;
(5) the unincorporated branch of the enterprise has not gone through the cancellation of registration;
(6) The summary cancellation procedure has been terminated, including the case that the registration authority has made a decision not to accept the summary cancellation registration or not to cancel the summary cancellation registration;
(7) If laws, administrative regulations or the State Council decisions require approval before cancellation of registration, it shall be implemented in accordance with the catalogue of pre-approval of industrial and commercial registration published by the State Administration for Industry and Commerce;
(8) Other circumstances in which the enterprise's simple cancellation of registration is not applicable.
(3) Special circumstances that apply to the simple cancellation of registration of enterprises.
If the people's court makes a ruling of compulsory liquidation, the liquidation group of the relevant enterprise may apply to the original registration authority of the compulsory liquidator for simple cancellation of registration with the ruling of the people's court to terminate the compulsory liquidation procedure. If the people's court decides to declare bankruptcy, the bankruptcy administrator of the relevant enterprise may apply to the original registration authority of the bankrupt for simple cancellation of registration with the decision of the people's court to terminate the bankruptcy procedure.
References:
Notice of Guangdong Administration for Industry and Commerce on Simple Cancellation of Enterprises