Why does the company always change the legal person and the equity owner?

First, the reason why the company always changes its legal person and shareholders:

1. The equity share held by other shareholders of the company exceeds the equity share of the company's legal representative, and the company's legal representative needs to be changed in this case;

2. The company needs to change the legal representative due to certain circumstances, and in this case, the legal representative of the company needs to be changed;

3. The company does not plan to continue business for some reasons, but does not cancel the choice to other investors, which requires a change in the company's legal representative.

Second, the process of changing the company's shareholder law

1: Submit the change information.

Submit to the Industrial and Commercial Bureau, choose to establish the subject registration according to the nature of the company, and fill in the information generally including new shareholders or legal persons, equity transfer information, articles of association revision information, etc.; After confirming that the information is correct, submit it for review, and it will generally be approved the next day; If the legal person is changed, the legal person also needs to do real-name authentication on the industrial and commercial APP.

2: Shift gear. Go to the industrial and commercial bureau to queue up the file submitted when the company applies, the main view and shareholders to sign, if the later submission of information does not match the signature will be returned, the day number is limited, it is recommended to go early; This can be done after submitting the review information to save time.

3: Make an appointment to hand over the documents.

Review through the appointment time to hand over, print the materials to sign and seal, and wait for the time to go to the industrial and commercial bureau to hand over the materials, the person in charge with the original ID card and the original copy of the company's business license (if not five certificates in one, also need to bring the company's other documents) and official seal.

4: Get a new license.

After the industrial and commercial bureau submits the materials, there is no problem, you can wait for the time to get the license, the general time is about a week, and some two working days can be, depending on the region; If the legal person changes, it is necessary to re-engrave the legal person seal, and go to the opening bank to change the account opening permit and seal.

5: Tax changes.

Tax changes can be changed online with one card, or the change will be directly updated to the State Taxation Bureau by going to the local taxation bureau, which requires a business license, official seal, a copy of the legal person's ID card, and the ID card of the operator; (This is the case for some regional changes).

There are also regional changes that are more troublesome (local tax), and the original enterprise statement is required (the requirements are different in different places, some require the first two months, and some require the previous year), and if the transfer income is involved, you have to pay taxes.

Legal analysis: The shareholder qualifications of the public distribution car dust company have changed, and the new shareholders will replace the original shareholders to exercise their rights and perform their own righteous sail business. The original shareholders can transfer their own shares, or they can continue to be liable for their own shares.

Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager of Peichan in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Legal analysis: If the change of the company's legal representative is not directly related to the change of equity, the transfer of equity can be late to the change of equity, and the change of legal representative shall be registered.

Legal basis: Company Law of the People's Republic of China Article 7 Article 11 The shareholders of a limited liability company may transfer all or part of their equity to each other.

The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, and the shareholders who do not agree to the transfer shall purchase the transferred equity purchase, it shall be deemed to have agreed to the transfer.

For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, if the negotiation determines the proportion of their respective purchases, the right of first refusal shall be exercised in accordance with the proportions of their respective capital contributions at the time of transfer. Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.

Legal analysis: 1. The company convenes a shareholders' meeting to study the feasibility of acquiring equity, analyzes whether the purpose of acquiring equity is in line with the company's strategic development, and analyzes the economic strength and operating ability of the acquirer, and operates in strict accordance with the procedures stipulated in the Company Law.

2. Hire a lawyer to conduct lawyer due diligence.

3. The transferor and the transferee shall conduct substantive consultations and negotiations.

Fourth, evaluation, capital verification.

5. The company of equity transfer shall convene a shareholders' meeting and form a resolution of the shareholders' meeting, remove the relevant positions of the shareholders of the transferor, and the voting ratio and voting method shall be carried out in accordance with the provisions of the original articles of association, and the shareholders attending the meeting shall sign and seal the resolution of the shareholders' meeting.

Legal basis: Regulations of the People's Republic of China on the Administration of Company Registration Article 34 If a limited liability company changes its shareholders, it shall apply for change of registration within 30 days from the date of change, and shall submit the main qualification certificate of the new shareholder or the identity certificate of a natural person. After the death of a natural person shareholder of a limited liability company, if his legal heirs inherit the shareholder qualifications, the company shall apply for modification of registration in accordance with the provisions of the preceding paragraph.

If the shareholder of a limited liability company or the promoter of the shares of **** changes his name or title, he shall apply for change of registration within 30 days from the date of the change of name or title.

There is no need to change the equity when changing the legal representative, because the legal representative is a position. Can be recalled. Equity is acquired by capital contribution and is the right of shareholders. Changes are not required unless the equity is transferred. If the legal representative of the company is changed, the change registration shall be completed.

[Legal basis].Article 13 of the Company Law.

In accordance with the provisions of the articles of association, the legal representative of the company shall be the chairman of the board of directors, the director of the board of directors or the manager, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Article 14. A company can set up a branch office. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.

The company may set up a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.