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Legal analysis: The change of the name of the pre-reserve division of the public source is generally regretted and does not need to be reported, and it can be handled directly at the industrial and commercial bureau.
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 matters recorded in the company's business execution and destruction license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
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Generally, the change of company name does not need to be reported, and it can be handled directly at the industrial and commercial bureau.
1. Application materials for the establishment of the company's name.
1. Company name: prepare a preferred name and more than 3 alternate names;
2. Shareholder information: a copy of the shareholder's ID card or the information on the shareholder's ID card can also be used;
3. Registration area: determine the location of the filial piety burial registration, such as the company in Haidian, fill in Haidian;
4. The proportion of capital contribution among shareholders.
2. Application materials for changing the company's name.
1) Application for Change of Company Registration signed by the legal representative (to receive, with the company's official seal);
2) "Power of Attorney for Enterprise (Company) Application for Registration" (received, with the company stamped with the official seal), which should indicate the specific entrustment matters and the authority of the entrusted person;
4) Where laws and administrative regulations stipulate that the change of name must be reported to the relevant departments for approval, the approval documents of the relevant departments shall be submitted;
5) Amendments to the Articles of Association;
A limited liability company is stamped or signed by the shareholders (natural person shareholders).
The shares are stamped by the promoter or signed by the directors present at the meeting.
A wholly state-owned limited liability company shall be stamped by the investor.
6) A copy of the company's business license.
Note: These specifications apply to the registration of name change of a company established in accordance with the Regulations on the Administration of Registration under the Company Law;
If the above items are not indicated, the original should generally be submitted;
If a copy of the spike beam is submitted, it shall be stamped with the official seal of the company and signed in accordance with the original.
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1.The registration of the change of enterprise legal person refers to the registration act of examining and approving the registration of the enterprise legal person in accordance with the law when the competent registration authority applies for the change of name, domicile, place of business, legal representative, economic nature, business scope, registered capital, business period, establishment or cancellation of branches, etc., or the registration items that are applied for change due to division, merger or relocation. 2.
Documents and certificates to be submitted for the application for change of registration of enterprise legal person: (1) Registration of change of enterprise registration; (2) Other relevant documents and certificates. If an enterprise legal person relocates (across the jurisdiction of the original registration authority), it shall apply to the original registration authority for the relocation procedures.
The original registration authority shall, in accordance with the opinions of the registration authority at the place where the new address is located, confiscate the Business License of Enterprise Legal Person, revoke the registration number, issue a certificate of relocation, and transfer the enterprise file to the registration authority at the place where the new address is located. With the migration certificate and the approval document of the relevant fraud department, the enterprise shall apply to the registration authority at the place where the new address is located to change the registration and obtain the "Business License of Enterprise Legal Person".
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Article 188 of the Company Law stipulates that when the owner of the company needs to establish a liquidation group after the application for deregistration of the company begins, the liquidation group shall notify the creditors of the company within 10 days from the date of establishment, and make an announcement in a newspaper at or above the provincial level within 60 days.
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Answer: Hello, I am Mr. Wang, I am happy to serve you, according to the question you described, the answer is as follows, company deregistration refers to the process of a company declaring bankruptcy, being acquired by another company, not renewing the specified business period, or dissolving within the company, etc., the company needs to apply for cancellation to the registration authority to terminate the company's legal personality.
It needs to be announced, published.
Article 185 of the Company Law stipulates that the liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days. The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if it has not received the notice, declare its creditor's rights to the liquidation group.
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According to the latest "Company Law" of our country, when the company's owner deregisters the company's application for the start of the liquidation group, the liquidation group shall notify the company's creditors within 10 days from the date of establishment, and announce it in the newspaper at or above the provincial level within 60 days, remember that it must be above the provincial level, and the company's creditors shall declare their claims to the liquidation group within 30 days from the date of receipt of the notice, and if they do not receive the notice, they shall declare their claims to the liquidation group within 45 days from the date of the cancellation announcement. That is, the publicity is mainly for the liquidation of the company's tax claims, so the cancellation of the company must be reported.
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The cancellation of the company needs to be publicized in the newspaper, and it only needs to be announced for 45 days free on the national enterprise credit information jujube digging publicity system. If the announcement period expires and has been liquidated in accordance with the law, the industrial and commercial registration authority will handle the cancellation of registration.
Article 188 of the Company Law After the liquidation of a company is completed, the liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company registration and announce the termination of the company. Article 186 After liquidating the company's assets and compiling the balance sheet and property list, the liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation. The company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders.
During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation. The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.
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To apply for registration of name change, the company shall submit the following documents: First, the "Application for Change of Company Registration" signed by the legal representative of the company; the second is the proof that all shareholders designate representatives or jointly entrust ** persons; (3) the resolution or decision to change the Company Law made in accordance with the Company Law; Fourth, if laws and administrative regulations stipulate that the change of name must be reported to the relevant departments for approval, the approval documents of the relevant departments shall be submitted; Fifth, the amended articles of association or amendments to the articles of association: Sixth, the original and copy of the company's business license.
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