Can a corporation to which deemed dissolution is applied maintain its license?
Posted: May 2020, 6
This article explains how to obtain a complete history certificate when taking over legal affairs or conducting M&A.
Oh, it's been deemed disbanded! ! This is for those who have run into this case.
Well, that's a horrifying story.
Actually, there are many cases like this.
Here, if such a corporation has a license,
We will explain whether it is possible to continue business.
First of all, what is deemed dissolution?
Before that, let's first take a look at why your corporation is deemed to have been dissolved.
If nothing is registered in 12, it will be deemed to be dissolved.
As part of the restructuring of a dormant company,A stock company that has been registered for 12 years since its last registrationIt is,
Within two months of the public announcement by the Minister of Justice and the notification from the registry office,
If you do not submit a notification to the effect that the business will not be abolished or register changes in officers, etc.,
The deemed dissolution will be registered by the registrar's authority.
Incidentally,Since 26, the liquidation of dormant companies has been carried out every year.
Continuation of the company
If deemed dissolution procedures have been carried out,Within three years after the registration of deemed dissolution,
A joint stock company can be continued by a special resolution of the general meeting of shareholders.
Specifically, an application for continuation registration is required within two weeks of the resolution.
The point is whether there is a business reality or not.
So, in what cases can you maintain your license and continue your business?
Cases in which existing permits can be maintained
Deemed dissolution targets companies that have no business entity, so
① If there is a business entity,
② If the company can confirm that its business is continuing,
③ If continued registration has been completed after deemed dissolution
New permits are not required, and previous permits can be maintained.
In reality, the key point is to ensure that the government office to which you apply for permits and licenses recognizes that your business is continuing.
Possibility of re-approval
If a company that has obtained permission as a corporation, such as surveying business registration or construction business license, is deemed to be dissolved,
Regarding licenses and licenses, there is a possibility that when a corporation is dissolved, it will be considered to be out of business.
If the business is deemed to be out of business at the time of deemed dissolution, even if the company is registered to continue,
The license is not automatically valid and a new application is made.
You may also be required to renew your license.
If a new permit is required, if the business continues with the understanding that the previous permit is valid,
It will become illegal.
We have it all
At our company, we provide consulting, including administrative consultation, to ensure that permits and licenses are maintained.
Deemed dissolution! ? If this happens to you, please contact us first so that we can help you.
In addition, in order to avoid deemed dissolution in the first place,
We also support date management for various notifications and procedures.
The first consultation is free.
