公司退出制度
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《强制注销公司登记制度实施办法》10月10日起施行 及时清理不能开展经营活动的经营主体(法治聚焦)
Ren Min Ri Bao· 2025-10-09 01:03
Core Viewpoint - The implementation of the "Mandatory Company Deregistration System" aims to streamline the process of deregistering companies that have ceased operations, thereby enhancing market efficiency and protecting stakeholder rights [1][2][3]. Group 1: Purpose of the Regulation - The regulation is introduced to support the reform of company deregistration as outlined in the decisions from the 20th National Congress, focusing on improving the exit system for companies [1]. - It provides clear operational guidelines for the deregistration of companies that have been inactive for over three years, thus addressing the issue of "shell" companies [1]. Group 2: Deregistration Process - The regulation specifies a standardized process for mandatory deregistration, including a 90-day public announcement period during which stakeholders can raise objections [2]. - If no objections are raised or if objections are deemed invalid after the announcement period, the company can be deregistered, and its business license will be voided [2]. Group 3: Protection of Stakeholder Rights - The regulation emphasizes the protection of creditors and stakeholders, clarifying that the responsibilities of original shareholders and liquidators remain intact even after mandatory deregistration [3]. - It allows for the restoration of company registration under certain circumstances, ensuring that legal obligations are not evaded through the deregistration process [3]. Group 4: Economic Impact - The implementation of this regulation is expected to free up market resources, reduce administrative and judicial costs, and promote a competitive market environment [3]. - It aims to facilitate the "survival of the fittest" principle in the market, thereby enhancing economic growth and stability [3].
及时清理不能开展经营活动的经营主体(法治聚焦)
Ren Min Ri Bao· 2025-10-08 22:11
Core Viewpoint - The implementation of the "Mandatory Company Deregistration System" aims to streamline the process of deregistering companies that are no longer operational, thereby enhancing market efficiency and protecting stakeholder rights [1][2]. Group 1: Purpose of the Regulation - The regulation is introduced to support the reform of company deregistration as outlined in the decisions of the 20th National Congress, aiming to improve the exit system for companies [1]. - It provides clear operational guidelines for the deregistration of companies that have been inactive for over three years, thus addressing the issue of "zombie" companies [1]. Group 2: Deregistration Process - The regulation specifies a batch announcement process for companies subject to mandatory deregistration, with a 90-day announcement period [2]. - During this period, stakeholders can raise objections through the national enterprise credit information public system or in writing, and the registration authority will review these objections [2]. - If no objections are raised or if they are deemed invalid, the registration authority can proceed with the deregistration, rendering the company's business license void [2]. Group 3: Protection of Stakeholder Rights - The regulation emphasizes the protection of creditors and stakeholders, clarifying that the responsibilities of original shareholders and liquidators remain unaffected by the deregistration [3]. - It prevents individuals from using the deregistration process to evade legal obligations, ensuring that original shareholders still bear their financial responsibilities [3]. - The regulation allows for the restoration of company registration under certain circumstances, such as ongoing legal disputes, upon request from relevant parties [3]. Group 4: Economic Impact - The implementation of the regulation is expected to release a significant number of company names and other market resources, reducing administrative and judicial costs [3]. - It aims to facilitate a competitive market environment, promoting the "survival of the fittest" principle and enhancing overall economic development [3].