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Corporate Service - China

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Q&A Regarding the Compulsory Cancellation of Company Registration (4)

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Q: After the company is forcibly deregistered, can other companies use its company name?
A: The company shall terminate from the date of compulsory cancellation of registration, and the management of its name shall be subject to the relevant provisions of the "Regulations on the Administration of Enterprise Name Registration".

Q: After the company is forcibly deregistered, do the original shareholders still need to bear responsibility?
A: If a company is forcibly deregistered, the responsibilities of the original shareholders and liquidation obligor of the company are not affected.

Q: The company has been forcibly deregistered, can it be re-registered?
A: If a company that has been forcibly deregistered has any of the following circumstances, relevant departments, creditors, and other interested parties may apply in writing to the company registration authority to restore the company registration within three years from the date of compulsory deregistration:
  1. Those who are currently under investigation, taking administrative coercive measures, or have not yet completed the execution of administrative penalties such as fines;
  2. Those who are currently undergoing litigation, administrative reconsideration, arbitration, mediation, enforcement and other procedures;
  3. Currently undergoing liquidation or bankruptcy proceedings;
  4. There are other situations where it is necessary to restore registration.

Q: What materials are required for creditors to apply for the restoration of the registration of a company that has been forcibly deregistered?
A: If creditors or other interested parties apply for the restoration of registration, they shall provide an explanation of the prescribed circumstances and the following materials:
  1. The applicant's name or title, subject qualification documents, and contact information;
  2. Materials indicating that the applicant has a creditor debtor relationship or other interest relationship with the company that has been forcibly deregistered;
  3. Other related materials.

Q: How long does it take to apply for the restoration of the registration of a company that has been forcibly deregistered?
A: The company registration authority shall conduct an examination within seven working days from the date of receiving the application to restore company registration. If the company registration authority deems it necessary after examination, it shall restore the company registration and prepare a decision to restore the registration within ten working days; If restoration is not allowed, the reasons shall be explained and the applicant shall be informed in writing.

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