Article 20 of the Regulations on the Administration of Registration of Enterprise as a Legal Person stipulates that an enterprise as a legal person shall cancel its registration with the registration authority if it closes down, is revoked, declares bankruptcy or terminates its business for other reasons.
Article 21 stipulates that an enterprise as a legal person shall submit an application for cancellation of registration signed by its legal representative, an approval document from the competent department or the examination and approval authority, a debt liquidation certificate or a document that the liquidation organization is responsible for liquidation of creditor's rights and debts. After being approved by the registration authority, they shall receive the Business License for Enterprise as a Legal Person, the copy of the Business License for Enterprise as a Legal Person and the official seal, and notify their bank to cancel the registration.
Second, how long will it take to cancel the company after liquidation? The Company Law does not specifically limit the time when a company is cancelled. It is only stipulated that after the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration and announce the termination of the company.
3. How to cancel the company requires the person in charge of the company to apply for cancellation of registration at the Industrial and Commercial Bureau with relevant materials. According to Article 43 of the Regulations of the People's Republic of China on the Administration of Company Registration, a company applying for cancellation of registration shall submit the following documents: (1) an application for cancellation of registration signed by the person in charge of the liquidation group of the company; (2) Bankruptcy ruling and dissolution judgment of the people's court, resolutions or decisions made by the company in accordance with the Company Law, documents ordered by the administrative organ to close down or the company is revoked; (3) liquidation reports confirmed by the shareholders' meeting, shareholders' meeting, shareholders of a one-person limited liability company, the board of directors of a foreign-invested company or the people's court or the company examination and approval authority for the record; (4) Business license of enterprise as a legal person; (5) Other documents required by laws and administrative regulations. When a wholly state-owned company applies for cancellation of registration, it shall also submit the decision of the state-owned assets supervision and administration institution. Among them, the important wholly state-owned companies identified by the State Council shall also submit the approval documents of the people's government at the same level. When a company with a branch applies for cancellation of registration, it shall also submit the certificate of cancellation of registration of the branch.
The above is a detailed introduction to the cancellation of the company. Do you need the signature of shareholders? As can be seen from the above, although more than two-thirds of the shareholders can agree to form a resolution of the shareholders' meeting, all shareholders need to sign when going through the cancellation procedures.