The company's business activities shall be carried out in accordance with the provisions of the law and shall not have any illegal or criminal acts. Some companies have had their business licenses revoked for failing to comply. Can the company resume business after its business license is revoked? How can I get back the business license?
1. 公司被吊销的营业执照是否可以恢复
1. Whether the company's revoked business license can be restored
是的，吊销营业执照完全不同于下令停业和被吊销。公司法规定，公司应在取得营业执照后成立。无论是现行的“先证后证”制度，还是“后证后证”的改革趋势，营业执照都具有法人资格和一般营业资格的双重属性。换句话说，所有持有营业执照的经济组织都可以自由地进行一般的商业活动。公司登记机关吊销营业执照，只会使公司丧失营业资格，并不影响公司的法人资格。
Yes, revoking a business license is quite different from ordering a closure and being revoked. According to the company law, a company shall be established after obtaining a business license. No matter the current system of "certificate before certificate" or the reform trend of "certificate after certificate", business license has the dual attributes of legal person qualification and general business qualification. In other words, all licensed economic organizations are free to engage in general business activities. If the company registration authority revokes its business license, it will only cause the company to lose its business qualification and will not affect its legal person qualification.
基于吊销营业执照理由的多样性和复杂性，《行政许可法》第八条规定，行政机关可以依法变更或者撤销有效的行政许可。据人士介绍，公司登记机关有权依法行使自由裁量权。公司登记机关即使作出撤销公司营业执照的处罚决定，也不能通过法律程序作出变更或者撤销行政处罚的决定。对此，公司登记机关应当慎重决定是吊销营业执照，还是变更或者撤销吊销营业执照的决定。但是，吊销营业执照是可逆的。
Based on the diversity and complexity of the reasons for revoking the business license, Article 8 of the administrative license law stipulates that the administrative organ may change or revoke the effective administrative license according to law. According to professionals, the company registration authority has the right to exercise discretion according to law. Even if the company registration authority decides to revoke the company's business license, it cannot change or revoke the administrative penalty through legal procedures. In this regard, the company registration authority should carefully decide whether to revoke the business license, or to change or cancel the decision of revoking the business license. However, revocation of business license is reversible.
公司恢复营业执照被吊销的原因
Reasons for the revocation of the company's business license
吊销营业执照不是立即消灭企业法人的程序。因此，撤销并不剥夺企业法人的民事主体资格，而仅仅是剥夺其生产经营的权利。其实质是对企业法人的民事权利能力和民事行为能力的限制，是对企业法人在清算活动中的经营范围的限制，包括以企业法人的名义提起诉讼和应诉。然而,该公司是受到一定的限制,就像民事主体资格的人限制民事行为能力的自然人不能剥夺他去世之前,因此,民事主体资格的企业法人营业执照被吊销后不能被剥夺了非法的。
Revoking the business license is not a procedure to eliminate the enterprise legal person immediately. Therefore, the cancellation does not deprive the civil subject qualification of enterprise legal person, but only deprives its right of production and operation. Its essence is to restrict the capacity of civil rights and civil conduct of enterprise legal person, and to restrict the business scope of enterprise legal person in liquidation activities, including bringing and responding to lawsuits in the name of enterprise legal person. However, the company is subject to certain restrictions, just like the person with civil subject qualification can't deprive the natural person with limited civil capacity of conduct before his death, therefore, the business license of enterprise legal person with civil subject qualification can't be deprived illegally after being revoked.
企业法人主体资格的取消必须经过行政权，但更终的取消方式是“取消”而不是“撤销”。依法进行清算、注销登记和公告时，企业法人资格终止。注销前，企业法人对其债务独立承担民事责任。作为法人主体资格的内容，诉讼主体资格仍然存在。有权以自己的名义主张权利，维护自己的合法权益。同时，还应当以自己的名义履行义务，保证债权人的利益不受损害。
The cancellation of corporate entity must go through administrative power, but the final way is "Cancel" rather than "Cancel". In case of liquidation, cancellation of registration and announcement according to law, the qualification of enterprise as a legal person shall be terminated. Before cancellation, the enterprise legal person shall independently bear civil liability for its debts. As the content of the qualification of legal person, the qualification of litigation subject still exists. Have the right to claim rights in their own name and safeguard their legitimate rights and interests. At the same time, it should also perform its obligations in its own name to ensure that the interests of creditors are not harmed.
公司被吊销营业执照的恢复办法
Measures for the restoration of the business license of the company
(一)工商行政管理机关依照法律规定和法定程序撤销的，不得恢复;认为吊销工商局营业执照的具体行政行为违法或者错误的，可以申请复议或者行政诉讼。具体行政行为撤销的，可以恢复营业执照。
(1) if the administrative department for Industry and Commerce revokes in accordance with the provisions of law and legal procedures, it shall not resume; if it considers that the specific administrative act of revoking the business license of the Administration for Industry and commerce is illegal or wrong, it may apply for reconsideration or administrative litigation. If a specific administrative act is revoked, the business license may be restored.
(二)对吊销营业执照不服的，可以自作出处罚决定之日起三日内请求书面审理;也可以向上一级工商行政管理机关申请行政复议;也可以在接到决定之日起3个月内提起行政诉讼。
(2) if they are not satisfied with the revocation of their business license, they may request a written hearing within three days from the date of making the decision on the punishment; they may also apply to the administrative department for Industry and commerce at the next higher level for administrative reconsideration; they may also file an administrative lawsuit within three months from the date of receiving the decision.
以上是公司营业执照撤销恢复的具体内容。如果公司营业执照被吊销，公司需要恢复，可以通过以上方法恢复。如果公司的合法权益受到侵害，我们应该拿起法律武器，积极维护公司的合法权益。
The above is the specific content of the cancellation and restoration of the company's business license. If the business license of the company is revoked and the company needs to recover, it can be recovered by the above methods. If the legitimate rights and interests of the company are infringed, we should take up legal weapons and actively safeguard the legitimate rights and interests of the company.
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