Does the Architectural Agency have the right to repossess a construction company that has a problema

Participation in bidding activities in the construction market will be restricted.

The Ma'anshan Municipal Construction Management Office will implement a strict market access and clearance system for units and individuals whose construction enterprises have been recorded as bad behaviors, and will restrict their participation in the bidding activities of the Ma'anshan construction market.

It was learned from the Guangxi Department of Housing and Urban-Rural Development: Guangxi construction market supervision.

The integrated work platform with integrity information will be put into operation before December 31, 2015, and interconnected with the national construction market supervision and integrity information release platform.

At that time, the credit records of construction enterprises in Guangxi will be based on evidence, and dishonest behaviors such as low project quality, frequent safety accidents, and arrears of migrant workers' wages will be disclosed on the national platform. Enterprises and individuals with violations of laws and regulations shall be punished in a timely manner and in accordance with laws and regulations until they are cleared out of the construction market.

How do you say this? The impact is many, not one. Here's an example:

The Shanxi Provincial Department of Housing and Urban-Rural Development issued the "Implementation Opinions on Further Strengthening the Supervision and Rectification of the Construction Market Order" and the "Construction Market Supervision and Law Enforcement Inspection System" to make arrangements for the rectification and standardization of the construction market order. In the future, our province will implement hierarchical and classified management of bad behavior information of construction enterprises, including enterprises with a total of 5 bad information records within one year, and limit their bidding qualifications and list them as key supervision objects.

According to the relevant personnel of the Department of Housing and Urban-Rural Development, in recent years, the construction market in our province has disrupted the normal market order by non-performance of statutory construction procedures, fraudulent bidding and bidding, subcontracting, illegal subcontracting, and non-performance of contract agreements. In this regard, our province will implement normalized supervision of the construction market, investigate and deal with the construction unit that does not have the construction conditions to issue contracts on its own, and force the contractor to sign"Yin-Yang Contracts", as well as unauthorized construction without obtaining a construction permit. Among them, those who do not comply with the procedures will stop bidding and abolish the bidding results.

Projects that have been started illegally should be ordered to stop work and recorded in the record of bad behavior. In addition, if the construction unit arbitrarily compresses the construction period and project cost, and the survey, design, construction, supervision and other units do not carry out construction according to the contract, in addition to ordering correction, reducing or revoking the qualification certificate, and imposing a fine, it must also be recorded in the record of bad behavior.

Our province will also conduct a dynamic assessment of the qualifications of construction enterprises, focusing on checking whether the economic and financial indicators, main management personnel, registered personnel, and market behavior of enterprises meet the requirements. Enterprises that do not participate in the assessment without reason, do not meet the requirements of qualification standards, have no project performance for two consecutive years, and cheat in the assessment, have violations of laws and regulations, and have quality and safety accidents, will be ordered to rectify, and those who still do not meet the standards will be reduced or cancelled their qualifications. (Liu Xiaoliang)**Taiyuan**).

A bad record in a construction company can limit participation in bidding activities in the construction market, which plays a crucial role in the credibility of the company.

Non-performance of statutory construction procedures, bidding and bidding fraud, subcontracting, illegal subcontracting, non-performance of contract provisions and other issues, disrupting the normal order of the construction market bad behavior of construction enterprises shall be recorded. Investigate and deal with the construction units that do not have the construction conditions to issue contracts on their own, force the contractors to sign "yin and yang contracts", and carry out construction without obtaining construction permits. Among them, those who do not comply with the procedures will stop their bidding and cancel their bidding results.

The project that starts illegally shall be ordered to stop work and recorded in the record of bad behavior of the construction enterprise. When the company's bad records accumulate to a certain extent, it will be deducted points, reduce the company's qualifications, restrict bidding, and even revoke the business license.

Duoduo winning the bid can check the company's industrial and commercial information, bad records are very detailed. You can also check the registered personnel, check the construction engineer under construction, check the proposed project, check the industrial and commercial information, subscribe to the bidding information push, and accurately match the bidding project according to the industry-wide qualification. Still very strong, five star recommended.

1. First of all, the qualification has violated the qualification management provisions of the Construction Law, and it is strictly forbidden to lend the qualification to contract the project.

2. Your behavior will not be protected by the law, and if it is bigger, you and the company that lent it to you will be punished a lot. But I think that since the project has been contracted, the qualification should not have much effect, unless the tendering unit finds that your qualification is borrowed, and the construction right of the project is withdrawn in violation of the regulations.

3. Suggestion: Actively negotiate with the company and reach a certain agreement.

Not qualified. Invoices cannot be issued.

First of all, construction qualification is a proof of the strength of construction enterprises and a prerequisite for undertaking corresponding projects. Even if you have the corresponding construction ability, if you don't have a certificate, you can't receive the corresponding project, so the construction qualification certificate is a certificate that every construction enterprise must have, and the construction enterprise must have the construction qualification to conduct business.

Second, if the construction enterprise does not have the corresponding qualification certificate before obtaining the corresponding qualification certificate, it is equivalent to not having the capacity for civil rights and conduct of the legal person, and the legality of the contract signed by it cannot be discussed. The reason for the invalidity of a construction contract without qualifications is that it violates the provisions of administrative regulations prohibiting business operations, and in principle, it should be found to be invalid.

Third, with the development of the construction industry, more and more people are stepping into this industry, however, there are many unstable factors flooding this market. At this time, the qualification certificate is equivalent to a catalyst to enhance customer trust, it can bring customers a sense of security, the qualification certificate is the affirmation of the company's ability, it and the law play a complementary role, so that customers are more assured and satisfied.

Therefore, the construction qualification is a must, it is a pass for construction enterprises to carry out construction, and enterprises can also expand their business scope through qualification upgrades and qualification additions.

The construction enterprise has not obtained the qualification certificate, which affects the bidding of the contracted project, but does not delay the construction and invoicing of the contracted small and sporadic project. Individual or small-scale taxpayer construction enterprises can only be affiliated or subcontracted to other qualified enterprises when contracting power construction, otherwise they will not only be unable to issue invoices, but also cannot be declared and accepted.

From a tax point of view, as long as you are within the business scope of construction and do provide construction services, you can issue construction invoices, and the tax generally does not directly review the specific qualification level of the enterprise in this regard.

Friendly? You asked two questions; The first question answers that there are levels of construction invoices. For example, the construction maintenance team and engineering team formed by more than a dozen or 180 people belong to the construction industry, [small] they can only issue invoices for maintenance projects, but cannot issue invoices for medium and large buildings [because his qualifications are not enough], only construction companies or large construction groups with certain qualifications have the ability to issue invoices for large buildings.

The second question; Those who do electric power construction cannot issue invoices for construction, and on the contrary, the construction unit has no right to issue invoices for electric power construction. [The Ministry of Construction of the People's Republic of China has special documents on power construction].

To sum up, you can go to the relevant qualified construction company or large construction group to issue an invoice for construction work.

If you use a company to issue construction invoices, you must look at whether the business scope of the enterprise is engaged in construction-related business.

Without qualifications, you can't issue construction invoices.

You can issue a uniform invoice bought by the tax office.

There is no necessary connection between construction qualifications and construction invoices. Some construction companies that do not need qualifications to undertake tasks also have to issue construction invoices.

Yes, it can be issued directly by the local taxation bureau, and the business license and construction contract need to be provided, and if the construction is in other places, it is also necessary to provide a certificate of going out to operate, and this certificate can be exempted from paying enterprise income tax.

There is still a certain risk in the transfer of construction qualifications.

1. Transfer as a whole.

This situation mainly applies to intra-provincial transfers, i.e., the transfer of the entire company to the other party, then for the transferee, there are more matters to consider. First of all, it is necessary to investigate the creditor's rights and debts, the validity period of the certificate and the staffing situation, and then make changes to the business license, qualification certificate, security certificate, etc., and complete the handover. One of the drawbacks of this method is that the transferor's private debt cannot be queried, which is a problem that the transferee needs to pay attention to.

2. Separation of qualifications.

If you want to separate qualifications, you can set up a subsidiary (here it is important to note whether the subsidiary is a new or old company), which is mainly applicable to enterprises that only transfer part of their qualifications. After the separation of qualifications, the qualifications to be transferred can be transferred to the new company, which can also avoid the problem of creditor's rights and debts.

3. Equity acquisition.

This is simpler, directly acquiring part of the equity of the target company and becoming a shareholder of the company, which is also regarded as having a qualification certificate. It is necessary to negotiate in advance, form the minutes of the shareholders' meeting, amend the articles of association, and finally make industrial and commercial changes.

The risk of qualification transfer can also be avoided in certain ways, 1. Avoid signing a transfer contract with unclear content.

The transfer of construction qualifications involves a large amount of money and relatively complex procedures. Therefore, it is necessary to clarify various matters in the qualification transfer agreement, such as the method of payment of the transfer fee and the transfer procedure. Once the content of the transfer agreement appears, the two parties are prone to disagreement, resulting in various disputes and contradictions.

2. Avoid ignoring the blind transfer of local strategies.

The transfer of construction qualifications, especially across regions, is particularly important to understand the company's location policy, as many regions restrict the transfer of qualifications due to tax, economic and other reasons. If the enterprise does not understand these situations, blindly signs the qualification transfer agreement, or even has obtained the qualification, it is also a waste of cost and time.

3. Avoid failing to clearly investigate the transferor.

If it is not due to special circumstances, under normal circumstances, the enterprise will not transfer the construction qualification. Therefore, the transferee must investigate the specific situation of the transferor and find out whether the other party is caused by huge debts, taxes, project quality and other problems. In this way, it can avoid causing losses to the company, and it may lead to disputes and troubles for the company, rather than blindly obtaining the company qualification in question.

The transfer of construction qualifications can generally be divided into two forms: overall transfer and qualification divestiture. A turnkey transfer is the transfer of the entire company; Separation is when a construction company with multiple qualifications transfers the qualifications to be separated to another company.

In the construction qualification market, many construction companies want to transfer the construction qualification individually, mainly because the overall transfer is to accept all the information of the transferring company. If there is a debt problem before the transfer of the enterprise, and the creditor's rights issue is not resolved before the transfer, the transferee enterprise is likely to bear the debt problem after acceptance. This is something that many companies are reluctant to accept.

However, this does not mean that there are no advantages to the transfer of construction qualifications. The transfer of the overall construction qualification and the takeover of the entire enterprise by the transferee enterprise means that the reputation and performance of the original enterprise are preserved, and there is still a certain strength base. On the one hand, it is easier to undertake related engineering projects to facilitate immediate construction activities; On the other hand, it has sufficient corporate performance and lays a solid foundation for the upgrading of construction qualifications in the future.

When transferring construction qualifications, the following 7 points should be paid special attention to:

1.Corporate debt issues: Before taking over the transferee, the transferee should check the company's accounts and whether there are potential accounting problems.

2.Company operating status: The transferee enterprise needs to check whether the transferor enterprise is operating legally, whether it has been punished, and whether there is a bad record in the file of the industrial and commercial bureau.

3.Whether there is an annual inspection: annual inspection is an important means for the state to inspect the operation of enterprises, there will be routine inspections every year, and it is necessary to participate in the annual inspection within the specified time.

If the enterprise does not participate in the annual inspection, it will be recorded in the file of the industrial and commercial bureau, which will affect the credit of the enterprise and may face penalties.

4.Check the company's audit report: The transferee enterprise needs to check whether the registered capital of the transferred enterprise is registered as an advance and whether the registered capital is fully in place? Is there any evasion of funds?

5.Whether there are accidents in the company's performance and projects under construction.

6.The validity period of the business license and whether the annual inspection is qualified.

7.Validity period of building qualification certificate and safety permit, etc.

Only by paying attention to these 7 points can construction transfer enterprises effectively prevent some unnecessary troubles after handling the transfer of qualifications. Here, it is also necessary to remind construction companies that they also need to make company changes before the transfer of construction qualifications. It should be noted that all the creditor's rights and debts and related legal liabilities of the original company before the transfer of the company are fully borne by Party A and have nothing to do with Party B, and Party A will hand over the relevant information of the company to Party B on the date of signing the transfer contract between the two parties, including our above-mentioned documents and official seals, files, etc.