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The production and business address and the registered address cannot be inconsistent, and there are the following legal risks if the inconsistency is made: if the main registration items are changed without authorization, and the registration is not changed in accordance with the regulations, a warning shall be given and the illegal income shall be confiscated; The company registration authority shall order the registration within a time limit, and if the registration is not completed within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; Unable to receive court documents and losing the opportunity to appear in court to defend in a litigation matter; Other.
[Legal basis].Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration.
When there is a change in the company's registration items, if the relevant change registration is not carried out in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit; If the registration is not made within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed. Among them, if the change of business scope involves a project that requires approval as stipulated by laws, administrative regulations or decisions, and the approval is not obtained, and the relevant business activities are engaged in without authorization, and the circumstances are serious, the business license shall be revoked.
If the company fails to handle the relevant filing in accordance with the provisions of these Regulations, the company registration authority shall order it to handle it within a time limit; If it is not handled within the time limit, a fine of less than 30,000 yuan shall be imposed.
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It is not possible for the registered address of the company to be different from the actual business address.
According to Article 7 of the Company Law of the People's Republic of China, 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 company registration authority shall renew the business license.
Each region carries out business administration for enterprises in various regions, and cannot cross the regional management, so when the enterprise operates in a different place, the industrial and commercial administration department of the place of registration cannot manage it, so China's law clearly prohibits enterprises from operating in other places, so it is illegal to operate in other places.
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Legal analysis: It is not possible for the company's registered address to be different from the actual business address. Therefore, when an enterprise operates in a different place, the industrial and commercial administration department of the place of registration cannot manage it, so the state clearly stipulates in the law that it prohibits enterprises from operating in other places, so it is illegal to operate in other places.
Legal basis: Article 7 of the Company Law of the People's Republic of China (PRC) 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 company registration authority shall renew the business license.
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It can be inconsistent, and now many small and medium-sized enterprises are inconsistent with their business addresses and registered addresses, because the cost of the address available for registration is too high, so many people choose to use the address registration of the big fiber.
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Legal Analysis: No. In the event of a change in the registration items of a hail company, if the relevant change registration is not carried out in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit; If the registration is not made within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Legal basis: "Regulations of the People's Republic of China on the Administration of Company Registration" Article 68 When there is a change in the registration items of a company, if the relevant change registration is not carried out in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit; If the registration is not made within the time limit, a fine of between 10,000 yuan and 100,000 yuan shall be imposed. Among them, if the change of business scope involves a project that must be approved by laws, administrative regulations or decisions of the source Li Lu without obtaining approval, and engaging in relevant business activities without authorization, and the circumstances are serious, the business license shall be revoked.
If the company fails to handle the relevant filing in accordance with the provisions of these Regulations, the company registration authority shall order it to handle it within a time limit; If it is not handled within the time limit, a fine of less than 30,000 yuan shall be imposed.
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Every company has a business license, and there is a lot of company information on it, such as company name, registered capital, legal representative, registered address, etc., but in real life, the business address of many companies is not what is written on the business license, so is it okay if the business license and business address are different? Let me introduce you to the relevant content.
1. Is it okay if the business license and business address are different?
No, the business address must be the business license of the enterprise.
The legal risks of inconsistency between the place of registration and the actual place of operation of the company are mainly as follows:
1. If found by the administrative authority for industry and commerce, a fine of between 10,000 yuan and 100,000 yuan may be imposed.
2. Administrative penalties such as accepting warnings, registering within a time limit, ordering the suspension of business for rectification, withholding business licenses or even revoking business licenses.
3. If the enterprise is involved in difficulties and litigation matters, the lawsuit filed against the corporate legal person shall be under the jurisdiction of the court where the company is domiciled, and the documents of the court will also be served at the address of the residence.
4. In terms of debt performance, if the place of performance is not clear, the payment of money shall be performed at the location of the recipient, and the other subject matter shall be performed at the location of the party performing the obligation, and the above-mentioned place shall be the company's domicile, that is, the place of registration, if the place of registration and the place of business are inconsistent, it may lead to difficulties in debt performance.
Second, the company should complain if it exceeds the scope of business
In the case of the company's operation beyond the scope of business, the complainant should provide evidence and conclusive factual basis! Report to the local industry and commerce department.
1. If the company's main business scope changes, such as from selling watermelons to selling sweet potatoes, it is necessary to change the registration of the industrial and commercial business scope, and if it is not handled in accordance with the law, it can be punished according to the provisions of industrial and commercial registration.
2. If the company is engaged in an industry that is prohibited or requires approval beyond the scope of business, the relevant industry regulations will deal with and punish it.
3. How to change the address of the business license
Make an appointment to register the industrial and commercial change information online, and make an appointment for the industrial and commercial submission time after passing. Submit the materials to the industrial and commercial bureau at the agreed time, and the materials required are "Application for Company Change of Registration" (with official seal) and "Certificate of Designated Representative or Co-entrusting **person" (with official seal).
A copy of the identity document of the designated representative or the entrusted person, a resolution or decision on amending the articles of association, the amended articles of association or amendments to the articles of association (signed by the legal representative of the company), the certificate of use of the residence after the change, and the original and copy of the company's business license.
After review, the business license will be obtained according to the designated time, and the tax registration certificate will be changed, the organization will be changed, and the bank account opening permit will be changed.
The above is the relevant content introduced to you about whether the business license and business address are different. The address on the business license must be consistent with the actual business address, if the company moves in the process of operation, it must go to the industrial and commercial and tax departments to go through the change procedures in time.
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