In a case of dispute over the request for company registration change previously represented by our law firm, after application and court deliberation, the court has agreed that our client will participate in the lawsuit as a third party.
Through participating in the first court session, our lawyers learned that the plaintiff filed a lawsuit to remove his industrial and commercial registration as the legal representative of the defendant company on the grounds that he was only a nominal holder, did not actually enjoy the powers and functions of the chairman and legal representative of the defendant company, and had already left his position.
Our lawyers found that the particularity of this case lies in the fact that the defendant company is currently in a state of being revoked but not deregistered. Whether the registration can be removed for a revoked company should be one of the core disputed issues in this case.
Our lawyers are of the opinion that, in accordance with the provisions of the Company Law and other relevant laws and regulations, after a company is revoked due to reasons such as long - term suspension of business and abnormal operation, it shall be liquidated and dissolved in accordance with the law. At this time, the company's business license and official seal shall be collected in accordance with the law, and the company shall not engage in any business activities unrelated to liquidation. Since the business license shall be collected, it does not meet the legal requirements for the change of the business license - recorded items such as the legal representative, for which the industrial and commercial administrative authority shall issue a new business license. Therefore, the registration of the legal representative cannot be removed in accordance with the law after the company is revoked.
Our lawyers also believe that after a company is revoked, the liquidation and dissolution of the company should be the only way for the legal representative to withdraw from the company's governance. If the judicial judgment supports the removal of registration after the company is revoked, it will not only possibly lead to conflicts with the administrative supervision responsibilities of the industrial and commercial administrative authority in the enforcement stage, but may also play a negative exemplary role.