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First of all, the change of legal representative needs to be handled in accordance with the provisions of the company's articles of association, and a resolution of the shareholders' meeting or the board of directors is required. If there is no relevant information, the AIC will not accept the change application.
Second, if the shareholders of the company do not agree to the change, you can make the company make concessions by putting obstacles on the company or failing to exercise the functions of the legal representative. For example, revoke the authorization of the original person who performed the duties of the legal representative.
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According to the actual situation, you can already transfer the shares in accordance with the law, but in order to obtain documentary evidence to fix the fact that the other party has waived the right of first refusal, you can notify the legal person in writing, and if you do not make it clear within 30 days, it is for him to agree to the transfer to a person other than the shareholder.
Nowadays, when the change of the industrial and commercial bureau encounters this situation, it generally requires the issuance of a court judgment, that is, it needs to be resolved by litigation.
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The lack of legal knowledge is terrible.
If you are not a shareholder and do not make a capital contribution, why should you act as a legal person?
I guess someone took advantage of it.
Give you a trick: the legal person of the company is your friend, if the shareholders do not agree to your friend's resignation, let your friend go to the industrial and commercial bureau to cancel the company, see if they still let you resign, they are unkind to you can be unjust.
Anyway, the law is defined according to the legal person, the legal person of the company is your friend, and your friend can register the company in his name, and of course, you can also cancel the company.
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The change of legal person requires the approval of the company's shareholders, as long as the required majority is reached.
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Legal analysis: if the shareholders do not agree to change the legal person, and the legal person may not perform its duties, resulting in the shareholders' meeting, the general meeting of shareholders or the board of directors being unable to convene in accordance with the legal procedures, more than half of the directors may elect a director or the shareholder who has contributed the most capital or holds the largest number of voting rights to the shares to convene and preside over the meeting, and make a resolution to change the registration in accordance with the law. If the legal representative of the company Yuanfan submits to resign or cannot win the lawsuit due to special reasons, the company can change it.
Legal basis: Article 30 of the Regulations of the People's Republic of China on the Administration of Company Registration 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.
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Legal analysis: For the change of the company's legal person, the consent of all shareholders is generally not required, and only a shareholders' meeting needs to be held, and the shareholders' meeting can go to the local industrial and commercial department to register and change the change by passing a resolution. First of all, a shareholders' meeting should be convened, and the minority shareholders should be notified to participate in the meeting.
1. The change of the legal representative of the company belongs to the relative majority, not to the absolute majority. In other words, it does not need to go through more than two-thirds of the voting rights to change. 2. The shareholders' meeting will make a resolution, and then take the original copy of the company, the original copy of the ID card of the new legal representative, and the original copy of the ID card of the person in charge to the industrial and commercial bureau to go through the formalities.
3. Fill in the application form for the change of the company's legal representative. 4. Go to the industrial and commercial bureau to change the registration, and at the same time provide the power of attorney to the client, you can change the company's legal representative to the name of the designated person.
Legal basis: Article 10 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman of the board of directors, the executive director or the manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed late, the change registration shall be completed.
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First of all, the change of the legal representative needs to be handled in accordance with the provisions of the company's articles of association, and a resolution of the board of directors is required. If there is no relevant information, the AIC will not accept the change application.
Secondly, if the shareholders of the company do not agree to the change, you can make the company make concessions by setting up obstacles for the company or exercising the powers of the legal representative. For example, revoke the authorization of the original person who performed the duties of the legal representative. The legal representative must be the person in charge of the legal person organization and be able to exercise authority on behalf of the legal person.
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, and shall be registered in accordance with the law. If the legal representative of the company is changed, it shall be registered as a change.
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