What are the provisions of the Company Law on the expiration of the business term specified in the b

The business term is what we call the term of use of the business license, and the business term in China is divided into two types, namely the term and the indefinite. In practice, many people don't know what to do when the company's operating period expires? In response to this problem, the following is a brief analysis for you.

First of all, it depends on the reason for the expiration of the business period, whether the business period stipulated in the articles of association of the company expires or the business term registered with the administrative department for industry and commerce expires? The former, the first meeting, whether to cancel or continue to operate, you have the final say, to continue to operate to amend the articles of association. The latter, the first meeting, to modify the business period in the articles of association, within half a year after the expiration of the registered business period, go to the industrial and commercial office to change the registration, very simple.

If you don't want to do it, you can cancel the registration. If you want to continue to do it, you can change the registration, and if you don't want to do it, cancel the registration and go through liquidation. Don't ignore it, first of all, if you are overdue, the industrial and commercial office will order you to change your registration, and if you still don't listen, you will be fined according to the regulations.

If you operate without a license, you will be fined once at a time, and the principle of no further punishment shall not apply. To sum up, if the company's business period is about to expire, it is necessary to go through the relevant procedures with the industrial and commercial department. Legal basis:

Article 74 of the Company Law of the People's Republic of China has any of the following circumstances, shareholders who vote against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **: (1) the company does not distribute profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this law; (2) The company merges, separates, or transfers its main assets; (3) The business period specified in the articles of association of the company expires or other reasons for dissolution as stipulated in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to make the company exist. If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.

The term of operation is agreed upon by the shareholders, and there is no mandatory provision in the Company Law, which can be agreed to be permanent. As for the business license, it may be registered for the year for the purpose of registration.

How long the company's business license is valid depends on the situation:

1. The validity period of the business license of individual industrial and commercial households is permanent;

2. The business license of sole proprietorship is valid for one year and will be renewed after expiration;

3. The validity period of the business license for foreign-funded enterprises can generally be set at 20 years, with a maximum of 30 years;

4. The validity period of the business license is generally 10 years, and after the expiration, you can go through the extension procedures for the defeat of filial piety and Zheng;

5. The validity period of the registration certificate of the representative office is 1 year, and it needs to be extended every year.

What materials are required for business license processing?

1. Application form for individual industrial and commercial household or registration signed by the applicant;

2. Proof of identity of the applicant;

3. Proof of business premises;

4. Other documents required to be submitted by the State Administration for Market Regulation;

5. Power of Attorney for Designated Representative or Co-Principal;

6. If it is a registered company's business license, it is also necessary to submit the articles of association signed by all shareholders, the main qualification certificate of shareholders or a copy of the identity certificate of a natural person.

Legal basis: Article 10 of the Regulations on Individually-Owned Businesses.

Where the registration items of an individually-owned business are changed, an application shall be made to the registration authority for the modification of the registration.

Where an individually-owned business changes its business operator, it shall, after completing the cancellation of registration, the new business operator apply for a new registration. Where a family-run individually-owned business changes its business operator among family members, it shall go through the formalities for the change in accordance with the provisions of the preceding paragraph.

Legal analysis: The consequences of the company's continued operation during this period are still borne by the company. The expiration of the company's business period does not mean that the company's civil (legal person) qualification has been extinguished, and the company's business qualification has been extinguished before the competent department for industry and commerce revokes the registration and revocation of the business license, but the civil subject qualification still exists.

In this case, all legal consequences arising from the company's operation should still be borne in the name of the company. After the expiration of the business period, some companies or individual industrial and commercial enterprises continue to operate for a long time without deregistering or going through the formalities for their existence in accordance with the law within a reasonable period of time, and they need to be fined once they are seized by the administrative organs for industry and commerce. If the circumstances are serious, they may even be suspected of illegal business operations, and the shareholders or persons in charge of the company will need to be subject to corresponding criminal penalties.

Legal basis: Civil Code of the People's Republic of China

Article 64: Where there is a change in the registration items during the existence of a legal person, an application shall be made to the organ for registration and registration in accordance with law.

Article 133:Civil juristic acts are acts by civil entities establishing, modifying, or terminating civil juristic relationships through expressions of intent.

Company Law: The company's operating period is divided into situations. The shareholders or promoters specify the business period in the articles of association, which is the self-proposed period; The time limit required by the governing body to be indicated in the charter is the statutory time limit. The limited term of the business license is generally 10 years, and after the expiration, it is necessary to go through the renewal procedures to continue to operate, otherwise it is considered to be operating without a license.

Legal basis:Article 25 of the Company Law of the People's Republic of China.

The articles of association of a limited liability company shall specify the following matters:

1) The name and domicile of the company;

2) the company's business scope;

3) the registered capital of the company;

4) the name or title of the shareholder;

5) the method of capital contribution, the amount of capital contribution and the time of capital contribution of shareholders;

6) The company's organization and its formation methods, powers, and rules of procedure;

7) the legal representative of the company;

8) Other matters that the shareholders' meeting deems necessary to stipulate.

Shareholders shall sign and seal the articles of association.

Legal analysis: Before the business license of an enterprise is combined with three certificates, the business license of a self-employed person is valid for a long time, while the business license of an enterprise is generally 10 years before Chang. After the integration of the three certificates, the validity period of the business license of the newly established enterprise is valid for a long time, and there is no specified service life.

Legal basis: Article 7 of the Company Law of the People's Republic of China A company established in accordance with the law shall be issued a business license by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company.

The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the business license shall be renewed by the registration authority of the company.

Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons Article 3 Those who apply for registration as an enterprise legal person and are approved for registration after examination and approval by the competent authority for the registration of enterprise legal person shall receive the Business License of Enterprise Legal Person and obtain the status of a legal person, and their legitimate rights and interests shall be protected by national law.

Where it is necessary to go through the registration of an enterprise legal person in accordance with the law, they shall not engage in business activities without the approval and registration of the competent authority for the registration of the enterprise legal person.

Legal analysis: You can make a supplementary report to the industrial and commercial bureau applying for a business license, and you can consult the local industrial and commercial bureau or call 12315 (industrial and commercial bureau**) for consultation.

If the annual examination of the business license expires, and your enterprise has been marked as abnormal business status by the administrative department for industry and commerce, you can apply for removal from the list of abnormal business operations after submitting the annual report of the year that has not been reported and publicizing it, and the administrative department for industry and commerce will make a decision to remove it within 5 working days from the date of receipt of your application.

Legal basis: Company Law of the People's Republic of China

Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.

Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company's registration is rolled over.

The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 For a company established in accordance with the law, Xinzhou Liang shall be issued a business license by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company.