国家工商行政管理总局关于公司在办理注销登记时是否必须提交在报

颁布日期：20010413 　实施日期：20010413 　颁布单位：国家工商行政管理总局

　　GongShangQiZi [2001] No.102

　　April 13, 2001

　　Hubei Administration for Industry and Commerce:

　　We have studied the Request of Wuhan Administration of Industry and Commerce of your province for Instructions on Whether Companies should Submit Evidence of Triple Newspaper Announcements for Applications for Registration¹ Cancellation² (WuGongShang [2001] No.23) and now reply as follows:

　　Article 37 of the Regulations on Company Registration Administration clearly prescribes for the documents to be submitted by companies applying for registration cancellation, which do not explicitly⁴ require the submission⁵ of evidence of public notice. Public announcements at a minimum of three times are required legal procedures to be performed by the liquidation⁶ group after its establishment, requirements of the Corporate⁷ Law on the liquidation group and effective measures to protect the obligee⁸. The liquidation report should therefore reflect such contents. Any losses incurred⁹ by companies or obligees as a result of violation¹⁰ of the legal procedures and purposeful or fatal misconduct on the part of the liquidation group should be borne by the liquidation group and its members. The Regulations on Company Registration Administration clearly stipulates¹¹ that applications for registration cancellation should require the submission of liquidation reports verified by the board of shareholders¹² or other related authorities. Liquidation reports without explicit³ statements of triple public announcements and completion of the settlement of equity¹³ and liabilities should be returned by company registration authorities for revision. Evidence of triple public announcements doe not constitute a required document for applications for registration cancellation. authorities. Liquidation reports without explicit statements of triple public announcements and completion of the settlement of equity and liabilities should be returned by company registration authorities for revision. Evidence of triple public announcements doe not constitute a required document for applications for registration cancellation.