What are the procedures for a small scale enterprise to change its legal person?

What are the procedures and procedures required for the change of corporate legal person?

1. The company makes a resolution of the shareholders' meeting or the general meeting of shareholders to change the legal person;

2. Apply for change of registration within 30 days from the date of making the resolution or decision on the change;

3. Submit the required documents to the company registration authority;

4. The company registration authority renews the business license.

[Legal basis].Article 27 of the Regulations of the People's Republic of China on the Administration of Company Registration.

To apply for change of registration, a company shall submit the following documents to the company registration authority:

1) Application for change of registration signed by the company's legal representative;

2) Amendment resolutions or decisions made in accordance with the Company Law;

3) Other documents required to be submitted by the State Administration for Industry and Commerce.

If the change of registration of a company involves the amendment of the articles of association, the amended articles of association or amendments to the articles of association signed by the legal representative of the company shall be submitted.

If the change of registration items is subject to approval before registration in accordance with the provisions of laws, administrative regulations or decisions, the relevant approval documents shall also be submitted to the company registration authority.

Article 30. If the company changes its legal representative, it shall apply for a change of registration within 30 days from the date of the change resolution or the decision to make a decision.

licenses; 2. Go to the Quality Supervision and Administration Bureau to apply for the ** certificate of the hidden institution of the enterprise organization.

Alter; 3. Declare and pay the individual income tax of the shareholders who have obtained the right to spring to the local taxation department.

Issue a new capital verification report for new shareholders and legal persons, and apply for change registration with the tax bureau;

4. Change the company's basic account.

Can. 2. Detailed analysis.

The change of a legal person refers to the changes that occur after the establishment of a legal person, such as its organization, name, domicile, business scope, and other important matters. The change of a legal person may be decided independently by the will of the person in accordance with the law, and the change can take effect as long as the legal person makes the corresponding change registration. However, the change of enterprise legal person, especially division or merger, will involve creditor's rights and debts, and the law has made corresponding mandatory provisions for it.

In practice, relatively important changes in legal entities.

The form is mainly the merger and division of legal persons.

3. What are the types of legal person changes?

1. Change of legal person organization, including the merger of legal persons, that is, the merger of two or more legal persons into a new legal person. The division of a legal person into two or more legal persons;

2. Change in the form of legal person liability;

3. The nature of the legal person, the scope of activities, the property, the name, the domicile, and the affiliation.

etc. Where there is a change in the registration items during the existence of a legal person, an application shall be made to the registration authority for modification of the registration in accordance with law. Where the actual circumstances of a legal person are inconsistent with the matters registered, they must not confront the bona fide counterpart.

Legal analysis: Procedures required for small-scale change of legal person: application for change of registration, resolution of the shareholders' meeting, amendment to the articles of association, certificate of appointment (dismissal) of the legal representative, resume and signature of the representative of Ding Lingjing, resolution of the board of directors, certificate of the company's ** person, etc.

Legal basis: Regulations of the People's Republic of China on the Administration of Company Registration Article 27 When a company applies for change of registration, it shall submit the following documents to the company registration authority: (1) the application for change of registration signed by the legal representative of the company; 2) Amendment resolutions or decisions made in accordance with the Company Law; 3) Other documents required to be submitted by the State Administration for Industry and Commerce.

1. Bring all the information to the industrial and commercial department under the jurisdiction of the company's registration place to change the license, and receive the license of the new legal representative after 5-10 working days after acceptance. Bring all the information to the Quality Supervision and Administration Bureau to handle the change of the enterprise organization certificate, and collect it after 2-3 working days after acceptance. To the tax department to change the registration certificate, which involves the issue of individual income tax on the transfer of a first right, it is necessary to declare and pay the individual income tax of the shareholders of the equity obtained to the local taxation department, and a new capital verification report must be issued for the new shareholders and legal persons.

Finally, change the company's basic account, change the company's legal person's reserved seal and company information in the bank.

1. What materials do I need to provide?

If the company changes its legal representative, it shall apply for change of registration within 30 days from the date of the change resolution or decision, and submit the following documents and certificates: Application for Change of Registration of the Company signed by the company's legal representative; Submit a resolution to the shareholders of the company (mainly stating the change of the leadership process, the adjustment of the organizational structure and the amendment of the articles of association); If the change of the legal representative does not involve a change in the procedures for the formation of the leadership team of the company, nor does it involve the adjustment of the company's organizational structure, it is not necessary to submit a resolution to the shareholders' meeting; Submission of amendments to the Bylaws (mainly showing a comparison table of changes to the Bylaws) or a new Bylaws; If the change of legal representative does not involve a change in the procedures for the formation of the company's leadership team, nor does it involve the adjustment of the company's organizational structure, it is not necessary to submit an amendment to the articles of association or a new articles of association; Confirmation letter issued by all shareholders; "Curriculum Vitae of the Company's Legal Representative" and "Members, Managers and Members of the Board of Supervisors of the Company"; The original copy of the company's business license and a copy of the company's articles of association (with the company's seal).

Note: These Regulations shall apply to the application for change of registration of the legal representative of an enterprise legal person established in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons. The "Application for Change of Registration of Enterprise Legal Person", "Certificate of Designated Representative or Jointly Entrusting **", and "Registration Form of Legal Representative of Company (Enterprise)" can be obtained through ** or from various industrial and commercial administrative organs.

If the above items are not indicated to be submitted in photocopy, the original shall be submitted. If a copy is submitted, it shall be marked "consistent with the original" and the enterprise shall affix its official seal.

2. What are the documents that need to be prepared?

Original copy of business license; A copy of the ID card of the old and new legal person; Official seal; A copy of the resume of the new law and the signature of the new legal person; Original Articles of Association; Original and copy of tax registration certificate; **Copy of the original certificate; Note: The bank account opening license is not required, because the legal person must go in person to change the bank, so the general ** corporate bank is not **.