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Process of changing legal representative in Shenzhen
1. Get the company change registration application form and fill it out (get it from the local industrial and commercial administration department);
2. Change the company's business license (after filling in the application for change, you need to affix the official seal, and sort out the amendments to the company's articles of association, the resolutions of the shareholders' meeting, the letter of commitment, the original company's business license and other documents to go to the registration hall of the Industrial and Commercial Bureau; If there is equity transfer, you need to fill in the equity transfer agreement, etc. If the legal person is a foreign hukou, a temporary residence permit is required);
3. Change the organization code certificate (receive and fill in the organization code certificate change form, affix the official seal, and then sort out the company change notice, copy of business license, copy of new enterprise ID card and original of old code certificate to go through the change formalities at the Bureau of Quality and Technical Supervision);
4. Change the tax registration certificate (handled by the tax bureau);
5. Change of bank information (handled by basic deposit account bank).
The materials required for the change of the legal representative of Shenzhen Company are as follows:
1. Application for enterprise change registration (filing) signed by the legal representative (personally signed by the original legal representative or the proposed legal representative, 1 original);
2. Agent's identity certificate (1 copy, original inspection);
3. Amend the Articles of Association (all shareholders shall sign and affix their official seals, and the Articles of Association shall specify whether the chairman, executive director, manager and supervisor are adjusted).
4. The company's resolution/decision on the change of legal person (the company decided to be signed by the legal representative and stamped with the official seal) (1 original);
5. Resolution of the shareholders' meeting (signed and sealed by all shareholders)
6. The identity certificate of the legal representative to be appointed (1 copy, original inspection);
7. Identity cards of all shareholders (original);
8. The original and all copies of the business license of the enterprise as a legal person (original);
9. Official seal of the company.
To sum up, as long as the company's shareholders' meeting, shareholders' general meeting and board of directors hold a meeting to make a resolution to change the legal representative, they can apply to the industrial and commercial department for changing the legal representative.
Legal basis:
Article 57 of the Civil Code of People's Republic of China (PRC)
A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law.
Article 58
A legal person shall be established according to law. A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations. The establishment of a legal person shall be approved by the relevant authorities in accordance with the provisions of laws and administrative regulations.
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