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1. Individually-owned businesses do not have the status of a legal person and are not legal persons;
2. Individual industrial and commercial households cannot change the person in charge.
According to the general principles of the civil law, an individual industrial and commercial household is actually equivalent to a natural person, that is, the operator himself, to engage in business activities.
Article 10 of the Regulations on Individually-Owned Businesses stipulates that "...
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. ”
In other words, individual industrial and commercial households adopt the system of abolition and establishment, and only by canceling the original individual industrial and commercial household license can the new operator handle the registration, and the business license of the individual industrial and commercial household cannot be obtained by changing the person in charge.
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1. There is no such thing as a legal person and a person in charge of individual industrial and commercial households.
2. There are two forms of self-employment and family operation (indicated on the business license), and the self-employed cannot be changed, but the original business household can be cancelled, and the operator who takes over re-applies for the business license. A family-run business can be changed to another person in the same household, but it cannot be a person outside the household.
3. The business license cannot be transferred.
4. The enterprise has the saying that the person in charge is changed.
5. Whether it is an individual or an enterprise, you can look at the business license, which clearly indicates what type it is, and you can go through the relevant procedures according to the type.
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The procedures of the Law on the Alteration of Individual Industrial and Commercial Households are: 1. Apply to the registration authority where the business premises are located; 2. Submit the application for change of registration of individual industrial and commercial households and other documents; 3. If the application materials are complete and conform to the statutory form, the change registration shall be handled on the spot. Article 3 of the Administrative Measures for the Registration of Individually-Owned Businesses The registration, alteration and cancellation of registration of individually-owned businesses shall be handled in accordance with the Regulations on Individually-Owned Businesses and these Measures.
To apply for the registration of individual industrial and commercial households, the applicant shall be responsible for the authenticity of the application materials. Article 15: The following documents shall be submitted to apply for the change of registration of individual industrial and commercial households: (1) an application form for change of registration of individual industrial and commercial households signed by the applicant; (2) Where an application is made for a change of business premises, a certificate of the new business premises shall be submitted; (C) the State Municipal Cover Mill Supervision and Administration of other documents to be submitted.
Legal basis: <>
Measures for the Administration of the Registration of Individual Industrial and Commercial Households
Article 3 The registration, alteration and cancellation of registration of individual industrial and commercial households shall be handled in accordance with the "Regulations on Individual Industrial and Commercial Households" and these Measures. To apply for the registration of individual industrial and commercial households, the applicant shall be responsible for the authenticity of the application materials.
Article 15: The following documents shall be submitted to apply for the alteration of registration of individually-owned businesses: (1) an application for alteration of registration of individually-owned businesses signed by the applicant; (2) Where an application is made for a change of business premises, a certificate of the new business premises shall be submitted; (3) Other documents required to be submitted by the State Administration for Market Regulation.
Derivative question: How to handle the change of self-employed person to legal person.
Self-employed people cannot be said to be self-employed, and generally refer to merchants. When a family-run individually-owned business changes the name of the family operator, it shall go through the change of registration with the administrative organ for industry and commerce where it was originally registered. When an individually-owned business changes its business operator, it shall apply for registration anew.
The self-employed business license to change the legal representative needs to go to the local industrial and commercial bureau for processing, the information includes:
1. The real estate certificate and copy of the business premises.
2. Lease contract and photocopy, 3. ID card and photocopy, photo of ID card, and copy of pre-license document (if necessary).
4. Other documents required to be submitted by the State Administration for Industry and Commerce;
5. If the business required by laws and administrative regulations to be submitted for examination and approval shall be submitted to the approval documents of the relevant departments.
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Self-employed individuals cannot change the person in charge.
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Go to the industrial and commercial bureau to change the registration.
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