How to change the company's legal representative and what files should be prepared?

how to change the company's legal representative and what files should be prepared?

1. Basis for handling

Company Law of the People's Republic of China and Regulations on the Registration of Companies of the People's Republic of China

2. Materials to be submitted for handling

11. Specification for materials submitted by legal representative for registration of change

1. Application for registration of change of company signed by the legal representative of the company (with the official seal of the company);

2. Schedule of Change Registration-Information of Legal Representative signed by the company (official seal of the company);

3. Certificate of Designated Representative or * * * with Entrusted Agent (official seal of the company) and photocopy of the identity certificate of the designated representative or entrusted agent;

the handling matters, licensing rights and authorization period of the designated representative or the entrusted agent shall be indicated.

4. Submit the dismissal certificate of the original legal representative and the appointment certificate of the new legal representative according to the provisions and procedures of the Articles of Association;

a limited liability company submits resolutions of the shareholders' meeting, resolutions of the board of directors or other appointment and dismissal files, etc. The resolutions of the shareholders' meeting shall be signed by the shareholders (which shall conform to the voting method stipulated in the articles of association), and the resolutions of the board of directors shall be signed by the directors of the company.

a joint stock limited company submits a resolution to the board of directors (signed by the directors of the company).

a written decision (with official seal) or a resolution of the board of directors (signed by the directors) submitted by a wholly state-owned limited liability company to the state-owned assets supervision and administration institution of the State Council, local people * * or its authorized people at the corresponding level.

written decisions submitted by a one-person limited liability company to shareholders, resolutions of the board of directors (signed by directors) or other relevant materials.

5. If laws, administrative regulations and the State Council decisions stipulate that the change of legal representative must be approved, submit the relevant approval files or photocopies of the license certificate;

6. if the change of legal representative involves the revision of the articles of association, resolutions and decisions on the revision of the articles of association and the revised articles of association or amendments to the articles of association (signed by the legal representative of the company) shall also be submitted.

With regard to the resolutions and decisions on amending the Articles of Association, the limited liability company submits the resolutions of the shareholders' meeting signed by shareholders representing more than two thirds of the voting rights; A company limited by shares shall submit the minutes of the shareholders' meeting signed by the presiding officer and the directors present at the meeting; A one-person limited liability company submits a written decision signed by shareholders. A wholly state-owned company shall submit the approval files of the state-owned assets supervision and administration institution of the State Council, the local people or their authorized people at the corresponding level.

7. A copy of the company's business license.

if the name change of the legal representative of the company involves the change of directors of the company, relevant filing materials shall be submitted at the same time according to the Specification for Filing and Submitting Materials for Directors, Supervisors and Managers of the Company, and the same materials need not be submitted repeatedly.

note: 1. this code applies to companies established in accordance with the company law and the regulations on the administration of company registration that apply for the change of legal representative registration.

2. If the legal representative of the company changes his/her name, he/she shall submit the certificate issued by the public security department, and it is not necessary to submit the fourth and fifth materials.

3. The Application for Company Change Registration, the Schedule for Change Registration-Information of Legal Representative, and the Certificate of Designated Representative or Entrusted Agent can be downloaded from the China Enterprise Registration Website of the State Administration for Industry and Commerce (qyj.saic.gov) or obtained from the administrative department for industry and commerce.

4. The application form and other application materials submitted shall use A4 paper.

if photocopies are not indicated in the above items, the originals shall be submitted; If a photocopy is submitted, it shall be marked "consistent with the original" and signed by the company, or its designated representative or entrusted agent shall affix its official seal or signature.

5. If the above involves the signature of shareholders, the natural person shareholders shall be signed by themselves; Shareholders other than natural persons affix their official seals.

if it is necessary to verify the substance of the application materials according to the legal conditions and procedures, it shall be verified according to law.

III. Procedures

Application-Acceptance-Audit-Decision

IV. Processing period

If the application materials are complete and conform to the legal form, the business license shall be obtained within three working days from the date of receiving the Notice of Acceptance.

V. Fees

The legal representative of a toll-free company entrusts others to handle the relevant documents of the company

First, there must be a power of attorney, and the format is as follows:

The power of attorney of the legal representative is as follows:

I hereby entrust ××× (name, gender, age and position) to represent this enterprise as ××× (project name).

legal representative: ×××

×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× When the legal representative is unable to do an act in person due to something, he may appoint someone else to handle it by way of authorization. At this time, it is necessary to make a power of attorney of the legal representative, and the principal carries out activities within the scope of authorization, which has direct legal effect on the principal.

The matters that should be paid attention to when filling in the power of attorney of the legal representative include: the name, gender, age, position and other basic information of the client must be stated. To specify the scope of authorization, we should not simply write "full authorization", but should specify the contents of authorization item by item. If the litigation is entrusted as an agent, the permission right of the entrusted agent, the right to give up and admit the litigation request, the right to counterclaim, the right to reconciliation, etc. shall be clearly stated. If it is not specified, it is considered that it does not have these specific rights and only has the right of litigation. If signing a contract, it should be clear under what conditions and within what scope the contract signed is valid, and beyond this range it is invalid.

1. The following documents and materials shall be submitted for notarization by entrustment:

1. If a citizen intends to notarize a power of attorney, he shall submit the identity certificate of the client (resident ID card and household registration book), and if a legal person entrusts it, he shall submit the qualification certificate of the legal person and the identity certificate of the legal representative; For notarization of the entrustment contract, the identity and qualification certificate of the trustee shall be provided at the same time as the identity and qualification certificate of the principal;

2. supporting materials related to the entrusted matters (if someone else is entrusted to sell the house, the client shall submit the ownership certificate of the house);

3. When the sub-principal applies for the notarization of sub-entrustment, he shall submit the certificate of the right of sub-entrustment;

4. power of attorney or entrustment contract.

2. Matters needing attention in handling entrusted notarization:

1. Handling entrusted notarization should be handled at the notary office of the client's domicile or the place where the entrusted act occurred.

2. A person with no capacity can't carry out the entrusted behavior, and a person with limited capacity can only carry out the entrusted behavior with the consent of his guardian.

3. Entrustment is a legal act closely related to the person, so the client must go to the notary office in person for notarization, and may not entrust others to handle it on his behalf. If there are special circumstances (such as walking still, suffering from serious illness, etc.), you can apply to the notary office, and the notary office will send a notary to the place of residence for notarization.

4. the entrustment behavior must be the true expression of the client's intention, and the entrustment content should be true and legal.

5. the power of attorney is a unilateral expression of the client's will, and it can only take effect when the agent expresses his acceptance of the entrustment.

6. The sub-principal shall have the right of sub-entrustment, and the licensing right and time limit of sub-entrustment shall not exceed the original licensing right and time limit.

III. The power of attorney shall contain the following contents:

1. Basic information of the client and the trustee (name, gender, date of birth, current address);

2. the relationship between the principal and the trustee;

3. Reasons for entrustment;

4. Authorization of entrustment (the authorization of entrustment should be clear and specific);

5. Entrustment period;

6. Does the trustee have the right to delegate?

7. Other contents that should be clarified. How to cancel and replace the legal representative of the company

According to Article 13 of the Company Law of the People's Republic of China, the legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered according to law. If the legal representative of the company changes, it shall go through the registration of change.

The articles of association of the company are formulated by shareholders, that is, how often can the legal representative of the company be changed after the shareholders modify the articles of association?

There is no specified interval for changing the legal representative.

Materials required for changing the company's business license:

1.

2. Certificate of Designated Representative or * * * with Entrusted Agent stamped by the company

3. Certificate of Designated Representative or * * * with Entrusted Agent stamped by the company.

4. Registration Form of Legal Representative of Company (Enterprise) stamped by the company

5. Form of Information on Board Members, Members of Board of Supervisors and Managers stamped by the company

6. If it is stipulated by laws, administrative regulations and decisions of the State Council that the change of legal representative of the company must be approved, relevant approval files or photocopies of license certificates shall be submitted

7. Copy of the Company's Business License for Enterprise as a Legal Person

If the company changes the name of its legal representative and involves the change of directors and managers of the company, relevant filing materials shall be submitted at the same time according to the Specification for Filing and Submitting Materials for Directors, Supervisors and Managers of the Company, and the same materials need not be submitted repeatedly.

note: this code applies to companies established in accordance with the company law and the regulations on the administration of company registration when applying for the registration of change of legal representative's name.

in dongcheng district, Beijing, what files do I need to prepare for the change of company legal person? What programs should I go through?

Joint-stock companies should issue the letter of appointment of legal person, ID card, original certificate and other details to see what documents have changed. Search online to find out what documents and materials are different. Should workers be notified when the company's legal representative changes?

It is not necessary to inform

the legal representative to change the articles of association.

The change of legal representative does not affect the performance of the labor contract.

Article 33 of the Labor Contract Law

The employer changes its name and legal representative. What are the conditions for becoming a legal representative of a company < P > (1) No or limited capacity for civil conduct;

(2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period has not exceeded five years, or being deprived of political rights for committing a crime, and the execution period has not exceeded five years;

(3) if a director, factory director or manager of a company or enterprise that has been in bankruptcy liquidation is personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise;

(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and being personally responsible, it has not been more than three years since the date when the business license of the company or enterprise was revoked;

(5) A large amount of personal debt is not paid off when it is due.

if the company elects, appoints directors, supervisors or employs senior management personnel in violation of the provisions of the preceding paragraph, the election, appointment or appointment shall be invalid.

if any of the directors, supervisors or senior management personnel is under the circumstances listed in the first paragraph of this article during their term of office, the company shall remove their posts

they must be changed for the general manager or the chairman (executive director) of the company. Can employees terminate the contract? What is the compensation?

when the legal representative changes, the main body of the enterprise has not changed. For example, if the manager resigns, what does it have to do with you? The salary will be paid as usual. However, according to the labor law, employees can terminate the contract at any time unless the employees are trained and the service period is agreed. Of course, the compensation is gone. Who can't be the legal representative of the company?

the legal representative of an enterprise as a legal person is mainly produced by appointment, delegation, election, recruitment and other legal means. The legal representative of an unincorporated enterprise is the factory director, manager, general manager and director of the management committee established in accordance with the articles of association of the enterprise; The legal representative of the company is the chairman of the company.

(Generally, the legal representative of an enterprise as a legal person shall not concurrently serve as the legal representative of another enterprise.

those who hold concurrent jobs due to special needs can only hold concurrent jobs in subordinate or investment-related enterprises, and shall be strictly audited by the competent department of the enterprise or the registration authority.

The legal representative of an enterprise must meet the following conditions:

(1) Having full capacity for civil conduct;

(2) Having a formal or temporary residence in the place where the enterprise is located;

(3) having the ability to manage enterprises and relevant professional knowledge;

(4) engaging in the production and business activities of enterprises;

(5) The generated program complies with national laws and the articles of association of the enterprise;

(6) meeting other relevant requirements.

A person who is under any of the following circumstances (unless otherwise stipulated by the state) shall not be the legal representative of an enterprise as a legal person: (1) The original legal representative of an enterprise whose business license has been revoked due to illegal operation has not been three years since the decision to revoke its business license was made;

(2) The legal representative of an enterprise that has been legally revoked or declared bankrupt due to poor management has been less than three years since the date of approval for deregistration;

(3) A person who has been released from prison, released on parole or suspended for probation or released from reeducation through labor, and less than 3 years have passed since the date of release, probation or release from reeducation through labor;

(4) being placed on file for investigation by judicial organs for engaging in illegal activities, and the case has not been closed yet;

(5) On-the-job cadres of organs at all levels (including organs of the Party, organs of state power, administrative organs, judicial organs and procuratorial organs) and active military personnel;

(6) It is stipulated by national laws, regulations and policies that it is impossible to hold the leadership position of an enterprise. How to operate the legal representative of our company has changed, and how to modify the contents of the legal representative

Change the legal representative of a partnership enterprise

Change the business license of the legal representative of an enterprise at the industrial and commercial department first, and then change the tax registration certificate at the tax department. The legal representative is different from the shareholders (joint venture). If the legal representative holds shares in the company, it is not necessary to register the share transfer in the industrial and commercial department. If the shares are transferred, it must be registered in the industrial and commercial department and filed with the tax department.