I. Basic requirements for cancellation of business license

The cancellation of business license is usually handled by the legal representative or person in charge of the enterprise. This is because the cancellation of business license involves key issues such as the subject qualification, creditor's rights and debts of the enterprise and needs to be handled by the enterprise legal person or its authorized representative.

Second, the possibility of cancellation by others.

In practice, in some cases, enterprises can entrust others to handle the cancellation procedures of business licenses on their behalf. This situation generally occurs when the legal representative or person in charge of the enterprise is unable to handle it in person due to illness, going abroad and other reasons. But in this case, the agent must hold the power of attorney of the enterprise, and have the corresponding legal qualification and identity certificate.

In addition, it should be noted that even if it is entrusted to others, the enterprise still needs to be responsible for all the affairs in the cancellation process to ensure the legality and integrity of the cancellation procedure. Therefore, enterprises should choose agents carefully to ensure that they have sufficient professional knowledge and experience to avoid possible risks and disputes.

Third, the specific steps of the cancellation procedure

Whether handled by the legal representative or person in charge of the enterprise in person or entrusted by others, the cancellation procedure of business license usually includes the following steps:

1. Prepare relevant materials: including the original business license of the enterprise, the application for cancellation, the identity certificate of the legal representative or person in charge, etc.

2. Submit application: submit relevant materials to the administrative department for industry and commerce, and pay relevant fees as required.

3. Review and handling: The administrative department for industry and commerce will review the submitted materials, and if problems are found, the enterprise will be required to supplement or modify them.

4. Cancellation announcement: After approval, the administrative department for industry and commerce will issue a cancellation announcement to inform the public that the business license of the enterprise has been cancelled.

5. Get a cancellation certificate: After the expiration of the announcement, the enterprise can get a cancellation certificate to prove that its business license has been officially cancelled.

To sum up:

The cancellation of business license is a process that needs to follow legal procedures. Although there is the possibility of cancellation by others, the agent must hold the power of attorney of the enterprise and have the corresponding legal qualifications and identification. Enterprises should carefully choose agents to ensure the legality and integrity of cancellation procedures. At the same time, no matter who handles it, the enterprise should be responsible for all the affairs in the cancellation process.

Legal basis:

Company Law of the People's Republic of China

Article 188 stipulates:

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.

Regulations of People's Republic of China (PRC) Municipality on the Administration of Enterprise Legal Person Registration

Article 2 1 stipulates that:

When an enterprise as a legal person goes through the cancellation of registration, it shall submit the application for cancellation of registration report signed by the legal representative, the approval document of the competent department or the examination and approval authority, the debt liquidation certificate or the document that the liquidation organization is responsible for clearing the creditor's rights and debts. After being approved by the registration authority, they shall receive the Business License of Enterprise as a Legal Person, the copy of the Business License of Enterprise as a Legal Person and the official seal, and notify their bank to cancel the registration.