The public notice period for industrial and commercial cancellation is generally 20 days.
Company cancellation is divided into simple cancellation and general cancellation. Simple cancellation is suitable for companies that have not opened business or have no debts and claims (except foreign-funded companies).
Company cancellation requires a cancellation resolution, enterprise cancellation registration form, liquidation report, letter of commitment from all investors, etc.
The process of simple cancellation is roughly as follows:
1. Enter the simple cancellation platform, fill in the simple cancellation announcement, and upload the commitment letter of all investors. The template can also be downloaded and filled out when filling in the application. Upload, the publicity period is 20 natural days, and the information will be synchronized to the national corporate credit website platform;
2. After 20 days of publicity, you can enter the stage of submitting the cancellation application;
3. The enterprise fills in the simple cancellation application information, selects the creditor's rights, debts and tax payment status, and clicks to submit the application. The application information will be submitted to the Market Supervision Administration's approval system in real time;
4. Download the document that requires signature and insert U-Shield, sign and submit;
5. Just pass the review.
It should be noted that there is only one opportunity to apply for simple cancellation. If it is rejected due to some reasons, you still have to transfer to general cancellation.
General logout is regular logout. Compared with simple logout, the process and information are more troublesome and the time is much longer. The general cancellation process of a Shenzhen company is roughly as follows:
First prepare the materials needed to cancel the company:
1. Original and duplicate business license; all engraved company seals (official seal, financial seal) , contract seal, invoice seal, legal person seal);
2. Electronic Taxation Bureau legal person real-name login account and password, Guangdong Provincial Government Service Network legal person real-name login account and password;
3. Liquidation ID cards and USB shields of team members;
4. The latest balance sheet, income statement, account balance sheet (to the last level account), electronic versions can be provided;
5. Blank invoices, purchase books, and invoicing equipment (golden tax plates);
6. Basic bank account information.
Then the cancellation process begins. The basic process is: establishment of a liquidation group for filing → public announcement for 45 days → cancellation of tax → cancellation of business license → cancellation of all accounts (banks, social security provident funds) → cancellation of qualifications → cancellation of seals.
1. Enter the cancellation platform, first publish the liquidation group filing announcement/creditor announcement, and the information will be synchronized to the national corporate credit website platform;
2. Enter the tax bureau to handle tax cancellation. The tax bureau will check the accounts and taxes, and if there are any tax abnormalities, it will require tax arrears and fines;
3. Enter the cancellation platform and fill in the company’s cancellation information;
4. Go to the account opening bank Cancel all bank accounts;
5. Go to the Social Security Bureau and Provident Fund website to cancel the five insurance and one fund accounts;
6. Pay off all seals.
Canceling a company may seem simple, but it is not. In terms of taxation, deregistration will be very troublesome. Some companies may have abnormal tax problems that even the person in charge of the company may not understand. There are also some companies that may have incomplete licenses and be unable to provide financial statements, etc., which will affect the cancellation progress and costs. Many things in life may seem simple when you watch others do them, but in actual practice you will know that they are quite difficult. Professional things need to be handled by professional people.
Legal Basis
"Company Law of the People's Republic of China"
Article 185 The creditor's declaration of creditor's rights liquidation group shall be established since Notify creditors within ten days from the date of the announcement and publish an announcement in a newspaper within sixty days. Creditors shall declare their claims to the liquidation committee within thirty days from the date of receipt of the notice, or within forty-five days from the date of announcement if the notice is not received.
When declaring a creditor's right, a creditor shall explain the relevant matters of the creditor's right and provide supporting materials. The liquidation team shall register the claims.
During the period of reporting claims, the liquidation team shall not pay off creditors.
Article 188 After the company is deregistered and the liquidation of the company is completed, the liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting, general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration. , announcing the company’s termination.