Is it necessary to approve the change of the legal representative of a foreign invested enterprise?

Legal Analysis: Foreign-invested enterprises generally do not need the approval of the original examination and approval authority to alter their legal representatives. If the business scope of a foreign-invested enterprise does not involve special industries such as banking, insurance, etc., the change of legal representative may directly apply to the industrial and commercial department.

Within 30 days after going through the change registration procedures, the enterprise shall also go through the change procedures with the original examination and approval authority (commerce department).

Legal basis: Law of the People's Republic of China on Foreign-funded Enterprises

Article 10 A foreign-funded enterprise shall be subject to the examination and approval authority for approval and shall go through the formalities for change of registration with the administrative authority for industry and commerce.

Article 11 Foreign-funded enterprises shall carry out business management activities in accordance with the approved articles of association without interference.

Legal analysis: 1. Approval certificate of the People's Republic of China and foreign-invested enterprises;

2. Business license of the enterprise;

3. Organizational structure** (original and copy);

4. Tax registration certificate;

5. Registration certificate of import and export consignee and consignor of the Customs of the People's Republic of China;

6. Foreign exchange registration certificate;

7. China e-port legal person card.

Legal basis: Article 192 of the Company Law of the People's Republic of China A foreign company establishing a branch in China must apply to the competent Chinese authorities and submit its articles of association, the company registration certificate of the country to which it is located, and after approval, register with the company registration authority in accordance with the law and obtain a business license.

The examination and approval measures for branches of foreign companies may be separately stipulated by ***.

The change of the legal representative of a foreign-funded company requires the following changes to the company's certificates: 1. Approval certificate of foreign-invested enterprises of the People's Republic of China; 2. Business license of the enterprise; 3. Organizational structure** (original and copy); 4. Tax registration certificate; 5. Zhonghuizi holds the registration certificate of import and export consignee and consignor of the customs of the People's Republic of China; 6. Foreign exchange registration certificate; 7. China e-port legal person card. The process of changing the legal representative of a foreign-funded company is as follows:

1. Change the business license and electronic business license; 2. Change the organization of the ** certificate and IC card; 3. Alteration of tax registration certificate; 4. Change of statistical certificate; 5. Change of financial registration certificate; 6. Alteration of foreign exchange registration certificate; 7. Change of the legal person seal; 8. Other changes. If it is a foreign-funded company, it is necessary to change the import and export filing (Foreign Economic Cooperation Commission, Customs, E-port, etc.). It takes about 50 working days for a foreign-funded company to make a change of legal representative, and if other changes are required, the time for the change will be extended accordingly.

Article 192 of the Company Law.

Legal analysis: 1. Approval certificate of foreign-invested enterprises in the People's Republic of China;

2. Business license of the enterprise;

3. Organizational structure** (original and copy);

4. Tax registration certificate;

5. Registration certificate of import and export consignee and consignor of the Customs of the People's Republic of China;

6. Foreign exchange registration certificate;

7. China e-port legal person card.

Legal basis: Company Law of the People's Republic of China Article 192 When a foreign company establishes a branch in China, it must apply to the competent Chinese authorities and submit its articles of association, the company registration certificate of the country to which it belongs, and other relevant documents with the chain, and after approval, register with the company registration authority in accordance with the law and obtain a business license.

The examination and approval measures for the branches of foreign companies shall be separately stipulated.

Legal analysis: The contents that need to be changed by the legal representative of a foreign-funded enterprise are as follows:

1.Change of business license and electronic business license;

2.Organize the change of the first certificate of the machine posture lease and the IC card;

3.Alteration of tax registration certificate;

4.changes in statistical certificates;

5.Alteration of financial registration certificate;

6.Alteration of foreign exchange registration certificates;

7.Alteration of the corporate constitution;

8.Miscellaneous Changes.

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 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.

1) Obtain the application for enterprise change (enterprise business license issuing authority) 2) Acceptance and renewal of license by the Industrial and Commercial Bureau (enterprise business license issuing authority) 1. Application for enterprise change registration and training (stamped with the company's official seal);

2. Proof of designating a representative or a co-entrusting person (stamped with the company's official seal);

3. Company change registration review form;

4. Registration form of the company's legal representative (stamped with the company's official seal);

5. The company's directors, supervisors and managers (to be filled in when the legal person serves as an executive director or chairman) (stamped with the company's official seal);

6. The original and copy of the business license of the enterprise;

7. Resolution of the shareholders' meeting (stamped with the company's official seal);

8. Identity certificate of the new legal person (the copy is stamped with the company's official seal, and the original is brought for verification);

9. The dismissal certificate of the old legal person and the employment certificate of the new legal person (stamped with the company's official seal).

Pick up within 10 working days after acceptance.

3) The Quality Supervision Bureau accepts and renews the license.

1. The original company has set up a good honor and a copy of the organization's certificate;

2. The identity certificate of the new legal person (the copy is stamped with the company's official seal and the original is brought for verification);

3. A copy of the new business license (the copy is stamped with the company's official seal and the original is brought for verification);

4. ** ID card (copy stamped with the company's official seal, bring the original for verification);

5. Application for the first certificate of the organization (stamped with the company's official seal).

Pick up within 5 working days after acceptance.

4) Acceptance and renewal of licenses by the State and Local Taxation Bureaus.

1. The original and copy of the old national and local tax certificates;

2. A copy of the business license (the copy is stamped with the company's official seal and the original is brought for verification);

3. A copy of the organization's ** certificate (the copy is stamped, the official seal is stamped, and the original is brought for verification);

4. The identity certificate of the new legal person (the copy is stamped with the company's official seal, and the original is brought for verification);

5. Application form for change of national and local tax (with the company's official seal);

6. A full set of accounting statements, accounting vouchers and materials required by the tax bureau for the current year.

Pick up within 5 working days after acceptance.

5) Acceptance and renewal of bank account opening permits.

1. Original and duplicate of business license.

2. Tax registration book.

3. The original certificate of the organization.

4. Legal person ID card and handler ID card.

5. Power of attorney.

6. Official seal, financial seal, legal person seal.

1. What taxes do sole proprietorship legal persons pay?

Sole proprietorship legal person pays value-added tax, urban construction tax, education surcharge, local education surcharge, individual income tax, etc. The income of a sole proprietorship enterprise is calculated as individual income tax, and the five-level progressive tax rate of 5 35 is applied. The income of interest, dividends and dividends of sole proprietorship enterprises is calculated as individual income tax, and the proportional tax rate is suitable, and the tax rate is 20.

2. How long does it take for a limited liability company to change its legal person.

It generally takes 5 to 10 working days for a limited liability company to change its legal person. If the company changes its legal representative, it shall apply for change of registration within 30 days from the date of making the change resolution or decision, submit an application for change of registration, change resolution or decision and other documents, and the company registration authority shall register the change and renew the business license.