Look at it!How to log out and register for bankruptcy and mandatory liquidation companies
Author:Chengdu Daily Jinguan Time:2022.08.17
The reporter learned from the Provincial High Court today that in accordance with the "Company Law of the People's Republic of China", "Enterprise Bankruptcy Law of the People's Republic of China", and "Regulations on the Regulations on the Registration and Management of the People's Republic of China," and other laws and regulations and relevant national policies, Grouping in accordance with the law, clarifying the processing process of the cancellation of enterprises, unblocking the exit mechanism of market entities, and optimizing the province's business environment. Recently, the Sichuan Provincial Higher People's Court and the Sichuan Provincial Market Supervision and Administration Bureau issued the "Regarding the cancellation of bankruptcy and mandatory liquidation enterprises to cancel the cancellation of the cancellation of the cancellation enterprise Notice of Registration ".
Seeing the relevant matters of the bankruptcy and the compulsory liquidation enterprise depending on the registration and registration.
1. Logistics and registration of enterprises with bankruptcy procedures
The people's court ruled that the enterprise that declared bankruptcy and ended bankruptcy procedures, the bankruptcy manager applied to the enterprise registration authority for cancellation registration after completing the tax cancellation of the bankruptcy enterprise in the tax department in accordance with relevant regulations. When applying, the bankruptcy manager submits the following materials:
1. Enterprise cancellation registration application;
2. The original case of the ruling of the people's court announced the bankruptcy and the ruling of the end bankruptcy procedure (including the ruling made on the grounds of unable to liquidate or cannot be fully liquidated);
3. The original case of the decision of the people's court designated the bankruptcy manager;
4. The business license is positive and copied (lost or unable to take over, and handles it according to Article 3).
2. Cancellation and registration of enterprises with compulsory liquidation procedures
After the people's court ruled that the enterprises that mandated liquidation and ended forced liquidation procedures, the liquidation team applied for the cancellation registration to the enterprise registration authority after completing the tax cancellation of the taxation enterprise in accordance with the relevant regulations. When applying, the clearing group submits the following materials:
1. Enterprise cancellation registration application;
2. The original case of the people's court ended the ruling of the mandatory liquidation procedure (including the ruling on the grounds of unable to clear or cannot be fully liquidated);
3. The original case of the decision to designate the liquidation group by the people's court;
4. The business license is positive and copied (lost or unable to take over, and handles it according to Article 3).
Third, the business license cannot be repaid, the official seal is lost or the official seal is lost, or the official seal is lost or the failure to take over.
Enterprises that have ruled to end bankrupt or mandatory liquidation procedures for the people's court shall not be able to pay the business license to the enterprise registration authority due to the loss of business licenses, the bankruptcy manager or the liquidation group failing to take over Or the provincial publicly issued newspapers issued a statement of business licenses for invalidation, and there is no need to pay back to the paper business license to the enterprise registration authority when applying for the cancellation of enterprises; If the cancellation of the relevant document materials stamped with the official seal of the enterprise, the bankruptcy manager or the seal of the liquidation group does not need to be stamped with the corporate official seal; if the relevant registration application materials require the signature of the legal representative, the person in charge of the bankruptcy manager or the liquidation team is responsible for Signature.
Fourth, corporate branches and cancellation registration of foreign investment
If an enterprise has a branch institution or an external investment to establish a sub -enterprise, the bankruptcy manager or the liquidation team shall handle it in the bankruptcy liquidation and mandatory liquidation procedures, and then apply to the enterprise registration authority for the registration of the enterprise.
When the branch of the bankruptcy manager or the clearance team is applying for a branch of the enterprise, the cancellation or change of registration of a sub -enterprise established by foreign investment, it shall submit it to the people's court to the people's court to designate the bankruptcy manager and liquidation to the people's court and the enterprise registration authority of the foreign -invested enterprise. The group's decision. Due to the loss of or failing to take over, if it is unable to stamp the corporate seal in the relevant registered application documents, you can refer to the relevant provisions of the aforementioned provisions of this notice, and the seal of the bankruptcy manager or the liquidation group does not need to be stamped with the corporate seal; If the relevant registration application materials need to be signed by the legal representative, the person in charge of the bankruptcy manager or the person in charge of the liquidation team is signed.
Fifth, the shares are registered and registered when the equity is pledged or frozen
When the people's court ruling to end bankrupt or mandatory liquidation procedures, when applying for cancellation registration, the shares of the corporate shareholders shall be pledged or frozen. The execution notice cancels the pledge or freezing registration, and then applies to the enterprise registration authority for the cancellation registration by the bankruptcy manager or the liquidation team.
After bankruptcy liquidation or mandatory liquidation, if there are surplus property that can be assigned to shareholders, the bankruptcy manager or liquidation team shall deposit the sharing amount of the equity pledged or frozen shareholders, and timely notify the relevant right holder. Without the consent of the right holder, the bankruptcy manager or the liquidation team shall not pay the allocation of the deposit to the shareholder.
Chengdu Daily Jinguan News reporter Chen Di Editor He Qixie Editor Liu Yonghao
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