Job Recruitment Website - Property management company - What influence does the commercial housing registration company have on the owners?
What influence does the commercial housing registration company have on the owners?
What effect does the company registered by the tenant have on the owner? At present, according to the national laws, the registered property of the company does not belong to the company, that is, the leased property has nothing to do with the company's creditor's rights and debts.
What is the impact of a one-dollar registered company on entrepreneurship? It is suggested to know the registration process first, what industry the unitary registered company is engaged in, from which aspect it wants to start a business in the future and what it is registered.
Is there a difference between commercial residence and business? What impact will it have on registered companies? There is a difference:
The house is used for commercial and residential purposes: in addition to the lease certificate, documents from the office owners' committee, residents' committee or community workstation are required.
The house is used for business: only the lease certificate is needed, and no additional files are needed.
Does the house registration company have any influence on the sale of this house? Does not affect. The registered company only provides the address for the industry and commerce, and has no influence on the ownership in essence.
Unless the house is mortgaged or used as company property, there is no problem.
What effect does the bankruptcy of real estate company have on the owners? It is more troublesome to apply for real estate license.
Does commercial housing affect the number of school districts through registered companies? It seems that the policies in different places are somewhat different. It is best to call the industrial and commercial bureau or the housing authority for consultation.
What effect does the number of years of registered company have on the consequences of Shenzhen company's failure to do accounting and tax returns?
Failing to declare and pay taxes within the time limit stipulated by the tax bureau, if the circumstances are relatively minor, the tax authorities will impose a fine of more than 200 yuan on the enterprise every month in addition to paying taxes, and impose a late payment fee if the overdue period is longer; If the circumstances are serious, the tax authorities will impose a heavier and correspondingly higher fine;
If you fail to file tax returns with the tax registration authority for three consecutive months, the tax registration authority will cancel your enterprise tax registration certificate. After the tax registration certificate is cancelled by the tax bureau, it will not be restored, that is to say, all the licenses of the enterprise will be invalid one after another because of the cancellation of the tax registration certificate.
If the tax registration certificate is cancelled without the consent of the tax registration authority, even if the cancellation application is filed with the issuing authority, all other certificates of the company cannot be cancelled one after another.
The identity card information of all shareholders of the company will be blacklisted by the relevant registration authorities. In the future, loans, reinvestment, and going abroad will all be affected.
Many customers have registered companies and don't know how to file tax returns every month. They don't know how to maintain the company. The company has just been established, and they don't want to spend too much money to hire people. If there is no business contact, just go on like this. ...
When it is really needed, the annual inspection is abnormal, and rows of tax bureau websites are overdue fines. At this point, you need to handle the exception before normal operation. Regardless of one or two years, it will definitely be fined, and it will be blacklisted if it is not handled for a long time.
What is the impact of changing residential buildings into commercial buildings on owners? Article 71 of the Property Law stipulates that owners have the right to possess, use, benefit and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. This clause is the content that stipulates that residential owners enjoy basic property rights, and it is also a principle and general provision. In other words, under normal circumstances, residential owners can exercise the right to possess, use, benefit and dispose of the houses with ownership, including transforming the houses into enterprises. The Property Law also stipulates that "the owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, it shall be approved by the interested owner in addition to complying with laws, regulations and management regulations. " In other words, "changing residence to business" is not unconditional, and residential owners can't do whatever they want when changing their residential uses. They need to meet certain conditions: First, there is no corresponding prohibition in relevant laws, regulations and management regulations. This condition also implies a proposition that laws, regulations and management regulations have the right to stipulate "no entry into houses" Secondly, "commercial use of residential buildings" must be approved by interested owners. Interested owners not only refer to "other owners in the same building", but also include "affected owners in other buildings". This is a concrete manifestation of properly handling neighboring relations and fully respecting neighboring rights. If the relevant owners do not agree, even if laws, regulations and management regulations do not prohibit it, the house cannot be converted into business. The above two conditions must be met at the same time, and neither of them is dispensable.
Problems arising from the change of residence for enterprises. When the house is changed into a house operated by karaoke bars and restaurants, the nature and use of the house will be changed from living to business. This change has brought many disadvantages and great harm. The main manifestations are: (1) interfering with the normal life of the owners, causing discord in the neighborhood and causing social contradictions, which is one of the main contradictions in the current property community; (2) The use of public facilities such as parking spaces, elevators, water and electricity in the community is tight; (3) It is easy to generate security risks, such as too many people coming in and out of the community, which leads to too large floor bearing capacity, rapid and complicated flow of foreign personnel, increased unsafe and unstable factors in the community, great pressure on fire prevention and theft prevention, and many hidden dangers; (4) The goal of urban planning is difficult to achieve. Originally, the houses in a certain area were originally planned for living, but because a large number of houses were changed into commercial houses, the traffic congestion and overcrowding in this area were caused. (5) causing a large loss of state taxes and fees. Therefore, the existing laws and regulations before the promulgation of the property law stipulate whether the owner can change the house into a business house. For example, Article 50 of the Property Management Regulations stipulates that public buildings and facilities built in accordance with the plan within the property management area shall not be changed. Owners need to change the use of public buildings and facilities in accordance with the law, and shall inform the property management enterprise after handling the relevant formalities in accordance with the law; If a property management enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. With the continuous accumulation and improvement of practical experience in this field, the relevant state departments will also make specific provisions on this issue. In addition, as the owner's self-management, self-restraint, and self-regulation, the regulations on the management of buildings and their ancillary facilities can also stipulate this issue according to law.
Consider interested residents. Whether housing can be converted into business premises mainly takes into account the public interests of the residents concerned. The current economic downturn and advocating entrepreneurship are not sufficient reasons for the release of "Housing Reform Merchants". While providing convenience for entrepreneurial residents, we can't sacrifice the peace of the neighborhood. Although the current economic situation is not good, the policy tends to improve the business environment and promote the entrepreneurial motivation of residents, but the urban management problems left over from the previous "residence to business" and various conflicts and contradictions of interests are also real social problems, which still cause troubles. If we only see the obvious decline in business costs brought about by the liberalization of "housing to business", we can't see the hidden increase in social costs, such as contradictions and conflicts, which will also cause negative effects that are difficult to eliminate. This is not the original intention of the central policy. When we see the specific provisions of some laws, regulations and policies, we should not only look at the surface, but also consider the legislative purpose and legislative purpose comprehensively, otherwise there will inevitably be struggles or contradictions between laws. It is not a bad choice for the law to give the focus of the problem to residents with relevant interests, because this is a public interest issue and it is difficult to define by law. However, in practice, some departments have pulled another subject-residents' autonomous organizations' neighborhood committees-into the network and relationship chain of this interest game.
The intervention of neighborhood committees. The Notice of the State Administration for Industry and Commerce on the Registration of Domicile (Business Place) (No.236 [2007] of Industrial and Commercial Enterprises) stipulates that "when an enterprise (company) or individual industrial and commercial household is established (opened for business), it shall submit the following materials in addition to the residence use certificate: First, the domicile (business place). Second, the certificate issued by the residents' committee or the owners' committee where the domicile (business premises) is located that the interested owners agree to change the domicile into the business premises. " This clause specifies in detail the procedures for changing the house into a commercial house, making it operable. It also gives citizens the right to change the nature of the house by the property law, and gives the local neighborhood committee or the owners' committee a certificate that the interested owners agree to change the house into a business house, which not only protects the rights of residents who want to change the nature of the house, but also gives the surrounding residents a certain right of consent and veto, which plays a role in balancing the rights of both interested parties. But to what extent do residents have the right of consent and veto? There is no specific regulation on this issue in actual operation. The neighborhood committee's wise choice is to post a certificate or a notice that may affect residents' interests before issuing relevant certificates. If no one raises any objection within the prescribed time limit, it shall be deemed as consent.
The order of power. As far as the above discussion is concerned, this is a question of the order of two rights, whether to give priority to protecting citizens' right to use and dispose of real rights, or to respect citizens' right not to be troubled by the change of residential nature. Different results will be output in different ways of stakeholders. However, as an evaluation of a public policy, we have to admit that a one-size-fits-all policy is the most careless management model. Because it doesn't consider the complex interest relationship, it can't reflect the proper balance of interests except for easy management. This requires further discussion and improvement of the one-size-fits-all policy of "changing residence to business". Flexible and effective policies are certainly ideal. Conditional liberalization under the constraints of relevant laws and regulations has become a good way out for the policy of "housing reform business". However, considering all kinds of realities, this policy also has multiple hidden concerns: is the administrative authorities capable of getting out of the indiscriminate death mode across the board? Will the so-called conditional liberalization increase the rent-seeking space for the already unconstrained administrative power? The "housing reform business" stipulated in the Property Law requires owners to abide by laws, regulations and management regulations. With the consent of interested owners, according to the current operation of grassroots autonomous organizations, can they effectively perform this duty? How to divide the increase in the use cost of public facilities brought about by "changing residence to business" in detail without constituting public welfare infringement?
The least bad and the wisest choice. It is the wisest and most appropriate to give it to interested residents, because rights will only be cherished before they affect their own interests. Considering the people-oriented principle and the priority principle of "labor survival right". According to the investigation of relevant departments, residents generally accept the establishment of smoking hotels, copy shops and advertising companies. In residential areas, but do not agree to set up pet shops, karaoke bars, restaurants, piano training classes and other smelly and noisy entities or companies. The author suggests that "changing residence to business" should not be across the board, and careful administration is better than constant reform. To sum up, the property law leaves the question of reform or not to the parties, which is more brilliant, which not only reflects the respect for the rights of the parties, but also is conducive to economic development and employment promotion. But at the same time, owners should pay attention to the following points when using the house for business: first, when decorating the house, they should not dismantle or change the load-bearing wall at will, and change the electric wires and gas lines privately to ensure that the overall structure of the residential building will not be damaged, thus affecting the safety of the house; Second, business projects should choose to avoid littering and night business, which will affect the sanitary environment of the community; Third, when engaging in business activities in residential quarters, we should avoid the influence of unmeasurable things such as sound, light, electricity, gas and radio waves on the living environment and residents' health; Fourth, try not to occupy the part of the owners in the community, so as not to affect the public interests of other residents, otherwise you will need to pay more for the public property fees you occupy.
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