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How long does it take for a small-scale company to change its legal person?
How long does it take for a small-scale company to change its legal person
If a company changes its legal representative, it must apply for change registration within 30 days from the date of the change resolution or decision, and submit the following files and certificates :
(1) "Company Change Registration Application" signed by the company's legal representative;
(2) Submit the company's shareholder resolution (mainly stating changes to the leadership team selection process or adjustments Establishing the organizational structure and amending the company's articles of association);
If the change of the legal representative does not involve changing the company's leadership team formation process, nor does it involve adjustments to the company's organizational structure, there is no need to submit a shareholders' meeting resolution;
(3) Submit amendments to the articles of association (mainly listing the comparison table of changes in the articles of association) or new articles of association;
If the change of the legal representative does not involve changing the company’s leadership team formation process, it will also If it does not involve adjustments to the company's organizational structure, there is no need to submit amendments to the articles of association or new articles of association;
(4) "Confirmation Letter" issued by all shareholders;
(5 ) "Resume of the Company's Legal Representative" and "Information on the Company's Board of Directors Members, Managers, and Supervisory Board Members";
(6) Original and copy of the company's business license and a photocopy of the company's articles of association (the company's seal must be stamped ).
Reference material: Ivory Tower Business Economics, a real business Q&A community. What matters should a small-scale company pay attention to when changing its legal person?
Procedures required for small-scale changes to legal persons: application for change registration, resolution of shareholders’ meeting, amendment to the articles of association, certificate of appointment (removal) of the legal representative, resume and signature record of the designated representative, and resolution of the board of directors , company agent certification and other procedures. For small-scale companies, handle legal person changes. Procedures and Information
If a company changes its legal representative, it shall apply for change registration within 30 days from the date of the change resolution or decision, and submit the following files and certificates:
(1) "Company Change Registration Application" signed by the company's legal representative;
(2) Submit the company's shareholders' resolution (mainly stating changes to the leadership team formation process or organizational structure adjustments and company articles of association);< /p>
If the change of legal representative does not involve changing the company’s leadership team formation process, nor does it involve adjustments to the company’s organizational structure, there is no need to submit a shareholders’ meeting resolution;
(3) Submit Amendment to the Articles of Association (mainly listing the comparison table of changes in the Articles of Association) or new Articles of Association;
If the change of the legal representative does not involve changing the company's leadership team formation process, nor does it involve adjustments to the company's organizational structure, then There is no need to submit amendments to the articles of association or new articles of association;
(4) "Confirmation Letter" issued by all shareholders;
(5) "Resume of the Company's Legal Representative" and " "Members of the Company's Board of Directors, Managers, and Supervisory Board Members" form;
(6) Original and duplicate of the company's business license and a photocopy of the company's articles of association (the company's seal must be stamped). How long does it take for a company to change its legal person?
Hello, it does not take long for a company to change its legal person. Generally, it can be processed in one day if all the information is complete. How long does it take for a company to change its legal person? What materials are needed for a company to change its legal person?
1. How long does it take for a company to change its legal person?
If a company changes its legal person, it can be done in as little as 15 days if all the materials are prepared. Finish. However, after changing the legal person, the tax registration certificate, organizational code certificate, bank account, and bank organizational letter of credit that accompany the business license must all be changed. The entire process will take up to one month to complete the update procedures at the fastest.
2. Company legal person change process
(1) Obtain the enterprise change application (enterprise business license issuing authority)
(2) The Industry and Commerce Bureau accepts, License replacement (enterprise business license issuing authority)
1. Application for enterprise change registration (stamped with company seal);
2. Designated representative or *** and authorized agent Proof of registration (stamped with company seal);
3. Company change registration audit form;
4. Company legal representative registration form (stamped with company seal);
5. Information form of the company’s directors, supervisors, and managers (to be filled in if the legal person serves as executive director or chairman of the board) (stamped with the company’s official seal);
6. Original and duplicate of the company’s business license;< /p>
7. Resolution of the shareholders’ meeting (stamped with the company’s official seal);
8. Identity certificate of the new legal person (photocopy, stamped with the company’s official seal, and bring the original for verification);
< p> 9. Certificate of removal from office of the old legal person and certificate of appointment of the new legal person (stamped with company seal).It will be collected 10 working days after acceptance.
(3) Quality Supervision Bureau acceptance and license renewal
1. Original and copy of the original company organization code certificate;
2. Identity of the new legal person Proof (photocopy stamped with the company’s official seal, bring the original for verification);
3. Copy of new business license (photocopy stamped with the company’s official seal, bring the original for verification);
4 , Agent's ID card (photocopy stamped with the company's official seal, bring the original for verification);
5. Application form for organization code certificate (stamped with the company's official seal).
Collect within 5 working days after acceptance.
(4) National and local taxation bureau acceptance and license renewal
1. Original and duplicate of the old national and local taxation certificate;
2. Copy of business license ( The photocopy should be stamped with the company's official seal, and the original should be brought for verification);
3. A copy of the organizational program code certificate (the photocopy should be stamped with the company's official seal, and the original should be brought for verification);
4 , Proof of identity of the new legal person (photocopy stamped with the company's official seal, bring the original for verification);
5. State and local tax tax change application form (with the company's official seal);
6 , a complete set of accounting statements for this year, accounting vouchers and materials required by the tax bureau.
Collect within 5 working days after acceptance.
(5) Bank account opening license acceptance and replacement
1. Original and duplicate business license
2. Tax registration copy
3. Original organization code certificate
4. ID card of legal person and ID card of the person in charge
5. Letter of authorization
6. Official seal, Financial seal and legal person seal
7. Shareholders’ meeting resolution
Small-scale domestic enterprises need to change their legal representative and business address
Change their legal representative and business address and It's not difficult. Don't go to an agency. They will cheat you and charge you thousands of dollars, but you still have to do a lot of specific things yourself.
1. You make a resolution of the shareholders’ meeting to elect or recruit a new legal representative, and it is signed by each shareholder;
2. Write an amendment to the articles of association based on the resolution of the shareholders’ meeting: that is The legal representative in Article × of the Articles of Association is changed to ×××, and the business address in Article × is changed to ×××.
3. Bring the ID card of the new legal representative, the property rights certificate of the new address, the lease agreement and the property rights certificate of the lessor, and go to the Industrial and Commercial Bureau to fill out a change registration application form and stamp it with the company's official seal. Attach the above materials and submit them to the Registration Department.
Generally, the changed business license can be obtained on the same day. The cost is only one or two hundred yuan.
How long does it take for a Chengdu company to change its legal person?
1. First of all, you need to understand that when a company changes its legal person, is it only the business license or the company's taxation?
2. If the tax rate also needs to be changed, then you need to understand one more thing. Is your company a small-scale taxpayer or a general taxpayer? The value-added tax rate paid by small-scale companies is 3%, and the tax rates for general taxpayers are 6%, 11%, 13%, and 17% according to different industries;
3. Finally, I will tell you about changing legal persons. The basic process is to change the business license first - change the legal person's private seal - change the program code - submit the change information to the tax bureau - audit the tax bureau - pay the stamp duty on the transfer of shares - pay tax - the tax bureau teacher's signature and the director's seal ---Go to the tax hall to submit the documents and receive a new tax registration certificate. Do you understand this explanation? - Chengdu Daye Finance replied: How long does it take for a newly registered company to change its legal person? How long does it take to register a company to change its legal person
The change of the issuer of a new company registration requires complete procedures and does not take a long time. .
Procedures for changing legal persons
Application procedures: (change)
1. Application report;
2. The company appoints an agent Proof (power of attorney) and a copy of the principal’s work permit or ID card;
3. Change registration application signed by the company’s legal representative;
4. In accordance with the "People's Republic of China*" **In accordance with the Company Law of the People's Republic of China and the resolution of changes made by the shareholders' meeting or the board of directors, the company's articles of association should be revised accordingly if it involves changes in the articles of association;
(1) Name change: a pre-approval notice and announcement of the company name are required;
(2) Change of business scope: Projects that must be submitted for approval according to laws and administrative regulations, approval files from relevant national departments;
(3) Change of registered capital: Issue of statutory documents Capital verification certificate issued by a qualified capital verification agency or the "State-owned Assets Property Rights Registration Form" issued by the state-owned assets management department; reduction of registered capital must be announced three times;
(4) Change of residence: Proof of residence, rental housing must be submitted Lease agreement, the agreement period must be more than one year (with a copy of the property ownership certificate);
(5) Change of legal representative: shareholder meeting resolution or board resolution or letter of appointment (solely state-owned), ID card, Photocopy of temporary residence permit (referring to ID card from other provinces and cities);
(6) Change of shareholders: company articles of association, shareholders' meeting resolution, board of directors resolution, investment agreement or equity transfer agreement, payment voucher, new shareholder need to be resubmitted Photocopy of the license (stamped with the seal of the issuing authority).
5. Approval files from relevant national departments that are required by laws and regulations;
6. A complete set of registration forms and other materials issued by this bureau;
7. Submit the original and copy of "Enterprise Legal Person Business License" and IC card.
To change registration of a limited company, apply to the original registration authority. Materials required for change registration:
1. "Application for Company Change Registration" signed by the legal representative of the company < /p>
2. The "Certificate of Designated Representative or Authorized Agent" signed by the company and a photocopy of the designated representative or authorized agent's ID card (signed by me) should indicate the specific entrustment matters and the person being entrusted. license rights and entrustment period.
3. Amendment to the company’s articles of association (signed by the company’s legal representative)
4. The following files must be submitted to change relevant registration matters
(1) Name change : Pre-approval notice of change of enterprise name. If laws, administrative regulations and State Council decisions stipulate that the change of company name must be submitted for approval, submit the relevant approval files or a photocopy of the license certificate
(2) Change of business scope: Legal , Administrative regulations and State Council decisions stipulate that the business scope must be submitted for approval, submit the relevant approval files or a photocopy of the license certificate. If laws and administrative regulations stipulate that changes in the business scope must be reported for approval by the relevant departments, submit the approval files of the relevant departments (3) Changes in registered capital: "Statement of Capital Contributions of the Company's Shareholders (Promoters)", resolutions of the shareholders' meeting or written decisions of shareholders or approval files of state-owned assets supervision agencies, capital verification certificates issued by capital verification institutions established in accordance with the law; if the registered capital is reduced, a capital reduction announcement shall be submitted for publication If the newspaper reporting laws, administrative regulations and decisions of the State Council stipulate that changes in registered capital must be submitted for approval, submit the relevant approval files or photocopies of the license
(4) Change of paid-in capital: a company established in accordance with the law Capital verification certificate issued by a capital verification agency
(5) Change of address: Submit a copy of the property ownership certificate for self-owned properties; submit the original or photocopy of the lease agreement and a copy of the lessor's property ownership certificate for a rental property; the above cannot be submitted* ** If a photocopy of the property rights certificate is required, submit a copy of other property rights certificates. If laws, administrative regulations and State Council decisions stipulate that changes in residence must be approved, submit the approval files or licenses from the relevant departments
(6 ) Change of name of legal representative: "Company (Enterprise) Legal Representative Registration Form" signed by the company, shareholders' meeting resolution or board of directors resolution or written decision or other appointment and removal files, copy of the legal representative's identity certificate, laws, administrative regulations and the State Council If the decision stipulates that the change of legal representative must be submitted for approval, the relevant approval files or licenses must be submitted
(7) Change of company type: resolution of shareholders' meeting or written decision of shareholders, laws, administrative regulations and decisions of the State Council If it is stipulated that changes in company type must be submitted for approval, relevant approval files or photocopies of licenses must be submitted
(8) Change of business period: Laws, administrative regulations and State Council decisions stipulate that changes in business period must be submitted for approval If required, submit relevant approval files or photocopies of licenses
(9) Changes in the names of shareholders or promoters: "Company Shareholders (Promoters) Capital Contribution Form", name of shareholders or promoters Proof of change, proof of subject qualifications of new shareholders or promoters, or copy of identity certificate of a natural person
(10) Change of shareholders: shareholders’ meeting resolution, equity transfer agreement or equity delivery certificate, proof of subject qualifications of new shareholders Or a copy of the identity certificate of a natural person. If laws, administrative regulations and decisions of the State Council stipulate that changes in shareholders must be approved, submit the relevant approval files or photocopies of the license
5. A complete set of registration forms issued by the registration authority and other materials
6. If a photocopy of the "Enterprise Legal Person Business License" is submitted, it should be marked as "consistent with the original" and stamped with the official seal or signature of the shareholder. If the shareholder is a natural person, It shall be signed by the person himself; shareholders other than natural persons shall affix the official seal.
How to change a legal person? What are the procedures for change?
It takes 7 working days to change a legal person and the following information is required:
1. Signature of the legal representative "Application for Company Change Registration" (signed by the new or original legal representative)
2. Power of attorney for enterprise registration application (1 original copy)
3. Identity of the person in charge Certification (1 photocopy, original for verification); if it is represented by an enterprise registration agency, the business license of the enterprise registration agency must be submitted at the same time (1 photocopy must be stamped with the seal of the enterprise and marked "consistent with the original") < /p>
4. The original certificate of removal of the original legal representative and the certificate of appointment of the new legal representative. The company's legal person change process in 2016, Weihai, Shandong, all shareholders of individual proprietorships and small-scale legal persons have changed
Shareholders If it is an increase, it depends on whether it is a capital increase or an equity transfer.
If it is a capital increase, a shareholders’ meeting resolution and a new company’s articles of association are required
If it is an equity transfer, a shareholders’ meeting resolution, a new company’s articles of association and an equity transfer agreement are required< /p>
The resolution of the shareholders' meeting is just to add shareholders, change the nature of the company and change the legal representative.
Just take these materials, plus the original and duplicate of the company's business license, official seal
Letter of attorney, application for change registration, and original ID card of the trustee to the Industrial and Commercial Bureau to apply for changes. Can the legal person be changed after the company goes bankrupt?
The legal person cannot be changed before the bankruptcy is completed, but it can be changed after the bankruptcy is completed.
According to my country's "Enterprise Bankruptcy Law";
Article 15 From the date the People's Court's ruling accepting the bankruptcy application is served on the debtor to the date the bankruptcy proceedings are concluded, the debtor's relevant Personnel shall bear the following obligations:
(1) Properly keep the property, seals, account books, documents and other materials they possess and manage;
(2) According to the requirements of the people's court and the administrator Carry out work and answer inquiries truthfully;
(3) Attend creditors’ meetings and answer creditors’ inquiries truthfully;
(4) Not leave the place of residence without the permission of the People’s Court;
(5) No new directors, supervisors or senior managers of other companies are allowed.
The relevant persons mentioned in the preceding paragraph refer to the legal representative of the enterprise; upon decision of the People's Court, they may include the financial management personnel and other operational management personnel of the enterprise.
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