Do I need a legal person for a catering business license?

For the special industry of catering, it is essential to apply for a business license, and at the same time as applying for a business license, it is necessary to apply for a catering service license and other documents, of course, handling a business license is a necessary prerequisite for the opening of a restaurant, and it is also one of the most important documents.

Legal basis: Article 35 of the Food Safety Law stipulates that the state implements a licensing system for food production and operation. Those engaged in food production, food sales, and catering services shall obtain a license in accordance with law. However, a license is not required to sell edible agricultural products.

The local people's food safety supervision and management department at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law, review the relevant information submitted by the applicant as required by the provisions of items 1 to 4 of the first paragraph of Article 33 of this Law, and conduct on-site verification of the applicant's production and business premises if necessary; If the prescribed conditions are met, the license shall be granted; If the prescribed conditions are not met, permission shall not be granted and the reasons shall be explained in writing.

We do catering is necessary to go to the industrial and commercial department to apply for a business license, and this business license also needs to be checked, if you want to change the legal person on the business license, what is the specific way? Below, in order to help you better understand the relevant legal knowledge, the following content has been sorted out, I hope it will be helpful to you.

How to change the legal person of the catering business license.

1. The operator of the individual industrial and commercial business license cannot change the registration. In layman's terms, it is said that the business license of individual industrial and commercial households cannot be transferred.

2. The business license of **** can change the shareholders and legal representatives. To apply for change of registration, the company shall submit the following documents to the company registration authority: (1) an application for change of registration signed by the company's legal representative; (2) Amendment resolutions or decisions made in accordance with the Company Law; (3) Other documents required to be submitted by the State Administration for Industry and Commerce.

If the change of registration of the company involves the amendment of the articles of association, the amended articles of association or amendments to the articles of association signed by the legal representative of the company shall be submitted.

The above content is related, there is no legal person for individual industrial and commercial households, only the company will have, and the business license of individual industrial and commercial households can not be transferred, if you want to change some addresses, you can go, this has to go to the industrial and commercial department for processing, if you have other legal questions, you can consult the relevant legal agent.

The documents required to open a small restaurant are as follows:

1. Apply for a health permit.

A health permit is the most important certificate for a restaurant, and restaurants without a health permit are strictly prohibited from operating. The hygiene permit is issued at the epidemic prevention station in charge of sanitation where the restaurant is located. The operator shall provide a schematic diagram of the floor plan of the restaurant for review and modification by the health and epidemic prevention personnel.

2. Handle environmental protection approval.

The environmental protection examination and approval shall be handled by the competent environmental protection bureau in the local area, and the main examination and approval items are: noise, sewage (sewage, oil fume). The restaurant operator shall provide a floor plan of the location of the restaurant, and indicate the surrounding environment and the nature of the use of the adjacent buildings, and the Environmental Protection Bureau shall send personnel to inspect the site on the spot.

After passing the inspection, the competent environmental protection bureau shall sign "agree to open business" in the opinion column of the relevant department in the application for business registration and affix the official seal.

3. Handle fire protection approval.

The approval of fire protection shall be handled by the fire department of the competent public security bureau in the region. After receiving the application for business registration at the Industrial and Commercial Bureau, apply for fire protection approval at the Fire Department of the competent public security bureau in the area. The restaurant operator is required to submit an application form and a floor plan of the restaurant's location.

Obtain the "Approval Form for Key Industries in Fire Safety". The fire department will send fire inspectors to inspect and accept.

4. Handle tax registration.

Within 30 days from the date of obtaining the business license, the restaurant shall apply to the competent tax authorities for tax registration. Collect taxes at the competent tax authorities. Register the form and fill it out truthfully.

The main contents of the tax registration form include: the name of the restaurant, the name of the legal representative or owner, and the number of its resident ID card and its legal certificate; domicile and place of business; economic nature; enterprise form, accounting method; business scope and business mode; Registered capital, total investment, bank account and; period of operation, number of employees, business license number; Financial officer, tax officer; Other related matters.

5. Handle industrial and commercial registration.

Industrial and commercial registration is a necessary legal procedure for an enterprise to obtain legal business qualifications. Newly established restaurants should go through the registration of business with the local competent industrial and commercial bureau for business registration. After the industrial and commercial bureau approves the registration, it will issue the business license of the enterprise legal person to the enterprise legal person; Issuing business licenses to unincorporated enterprises or branches of enterprises that are not independent accounting companies.

Before obtaining a business license, it is not allowed to engage in business activities in the name of the restaurant. The date of issuance of the business license is the date of establishment of the restaurant.

Have you handled the health certificate and catering license, if you don't do it, you have to handle these two certificates, and the business license has not come down to open in advance, it is easy to be inspected and checked, and then fined, now it does not take a long time to apply for a business license, basically a few days can be done, it is recommended that all the documents are completed in the opening, it is not good to be fined just after opening, you can ask how many meters.

Opening a restaurant can be a business license for the company, but it must be registered on the spot and the business address must be.

Commercial land. And there is a license, a health certificate. Hope this can be helpful to you, thanks.

It doesn't have to be the same. It mainly depends on the issues of investors and actual operators.

1. What is a legal person?

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. The essence of a legal person is that a legal person can have the same capacity for civil rights as a natural person, and become a civil subject who enjoys rights and obligations. The Civil Code divides legal persons into for-profit legal persons, non-profit legal persons and special legal persons, based on the different purposes for which they are established.

2. Circumstances of termination of legal persons.

Reasons for the termination of the legal person] If there are any of the following reasons and the legal person is completely liquidated or cancelled in accordance with the law, the legal person shall be terminated:

1) The dissolution of the legal person;

2) The legal person is declared bankrupt;

3) Other reasons provided for by law.

Where laws or administrative regulations provide that the termination of a legal person must be approved by the relevant organs, follow those provisions.

Circumstances of dissolution of legal persons] In any of the following circumstances, legal persons are dissolved:

1) The period of existence provided for in the legal person's charter is completed or other reasons for dissolution provided for in the legal person's charter appear;

2) The power organ of the legal person resolves to dissolve;

3) It is necessary to dissolve due to the merger or division of a legal person;

4) The legal person's business license or registration certificate has been revoked in accordance with law, and it has been ordered to close down or be revoked;

5) Other circumstances provided for by law.

Liquidation after the dissolution of a legal person] Where a legal person is dissolved, except in the case of merger or division, the liquidation obligor shall promptly form a liquidation group to conduct liquidation.

The directors, directors and other members of the executive or decision-making body of the legal person are liquidation obligors. Where laws and administrative regulations provide otherwise, follow those provisions.

Where the liquidation obligor fails to perform the liquidation obligation in a timely manner and causes damage, it shall bear civil liability; The competent authority or the interested party may apply to the people's court to appoint relevant personnel to form a liquidation team for liquidation.

Legal analysis: A legal person is a personified in law, and Danyun refers to a social organization that has the capacity for civil rights and civil conduct in accordance with the law, and independently enjoys civil rights and bears civil obligations. Legal persons are an important legal system for regulating the economic order and the entire social order in all countries of the world.

Legal basis: Article 57 of the Civil Code of the People's Republic of China A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law.

Legal Analysis: A legal person is a social organization that is personified in law, has the capacity for civil rights and civil conduct in accordance with the law, and independently enjoys civil rights and bears civil obligations. The legal person is an important legal system for regulating the economic order and the entire social order in all countries of the world.

Legal basis: Civil Code of the People's Republic of China Article 57 A legal person is an organization that has the capacity for civil rights and the ability to conduct civil acts, and independently enjoys civil rights and bears civil obligations in accordance with law.

Legal analysis: Individually-owned businesses bear unlimited liability for their debts, that is, if they operate individually, their debts are borne by their personal property; If it is run by a family, it shall be borne by the family property, not only by the property that has been put into operation. Where a sole proprietorship obtains a business license and the family members jointly operate the business, it may be found to be a family business, and the debts are to be paid off with the common property of the family.

Where an individual applies for registration and invests in the common property of the family, and the income is used jointly by the family members, it shall be regarded as a family business, and its debts shall be borne by the common property of the family. During the existence of the relationship between husband and wife, if one party engages in an individually-owned business, his income shall be the joint property of the husband and wife, and the debts shall be paid off with the joint property of the husband and wife. In the case of debts of individual industrial and commercial households, if they are liable for the joint property of their families, they shall retain the necessary living expenses and production tools of family members, especially those who are incapable of minors and those who have no livelihood.

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

Article 3 A company or enterprise legal person shall have independent property of a legal person and enjoy the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 5 and Xinchun The company engaged in business activities, must abide by laws and administrative regulations, abide by social morality, business ethics, honesty and trustworthiness, accept the supervision of the public and bear social responsibility.

The legitimate rights and interests of the company are protected by law and are not infringed.