How to change the company by the legal representative and shareholder?

Updated on society 2024-03-03
23 answers
  1. Anonymous users2024-02-06

    1. Open the official website of the Market Supervision and Administration Bureau, register and log in, find the corresponding company, change and change the shareholder information, and then print the online appointment notice; 2. Write a letter of commitment to indicate the equity transfer; 3. Sign the equity transfer agreement; 4. Sign the resolution of the shareholders' meeting; 5. Formulate amendments to the articles of association and make corresponding amendments to the changes in shareholder information; 6. Print the application for enterprise change (filing) registration and fill it in, sign and seal it.

  2. Anonymous users2024-02-05

    If the legal representative is changed, the articles of association will be recorded at the beginning, which are all recorded in the articles of association and the company law.

  3. Anonymous users2024-02-04

    I think that the legal representative and the shareholder must sign and pledge the company by both parties, and it should be recognized by the law.

  4. Anonymous users2024-02-03

    If the representative and the shareholder change the company, then there must be a handover procedure between them to sit firmly, and if the representative and shareholder change the company, then there must be a handover procedure between them to be completed.

  5. Anonymous users2024-02-02

    If the legal representative and shareholders are changed, if they are not listed companies, they need to go to the market administration bureau to register the change.

  6. Anonymous users2024-02-01

    People and shareholders change the company to make money, and need to carry out some new processing, this should be three today, so say, don't say it.

  7. Anonymous users2024-01-31

    The legal representative can change the shareholder, how to get the company, to carry out an agreement between the shareholders and the legal person, sign a right, a few months, that representative.

  8. Anonymous users2024-01-30

    First change the articles of association, and then go to the industrial and commercial department to change the registration, so that you can.

  9. Anonymous users2024-01-29

    Operate on the industrial and commercial website, provide relevant information, and then make an appointment for on-site evidence collection, and go to the tax department for equity transfer.

  10. Anonymous users2024-01-28

    You can go to the industrial and commercial department to modify the registration, and you generally need a shareholder contract.

  11. Anonymous users2024-01-27

    First of all, the shareholders are changed, the other shareholders unanimously agree to absorb the new shareholders, the shares of the original shareholders are transferred, and the shareholders are formally resolved through the shareholders' meeting, and the shareholder change is completed. The shareholders' meeting selects the new legal representative of the company, and then goes to the local industrial and commercial bureau to change the company's registration.

  12. Anonymous users2024-01-26

    I have to follow the normal procedures of the Enterprise Law to declare, and I can't deceive it, and I can change it soon.

  13. Anonymous users2024-01-25

    If the legal representative and shareholders of the enterprise need to be changed, they need to bring the business license and registration materials issued by the original issuance, and go to the original registered administrative department for industry and commerce, which is now the market supervision and management department, to apply for a change of registration.

  14. Anonymous users2024-01-24

    It is necessary to file a change procedure with the relevant authorities and re-register as a legal person.

  15. Anonymous users2024-01-23

    In this case, unless you go to this **company, you can go to see the ** office, so that you can get it, and see if you are qualified to get this **Donghe legal representative?

  16. Anonymous users2024-01-22

    How to change the company by the legal representative and shareholder? I think we need to communicate with him about this, and then go through the necessary procedures.

  17. Anonymous users2024-01-21

    It is possible for the legal representative and shareholders to change the company, and they can do it according to the formalities.

  18. Anonymous users2024-01-20

    Legal Analysis: Changeable. To change the legal person, the legal representative must also fill in the enterprise change registration form of the Industrial and Commercial Bureau, which contains the legal representative information form, and at the same time submit the appointment document of the party dispatched by the Industrial and Commercial Bureau (this is different according to the articles of association) and the ID card of the legal representative.

    Legal basis: Article 179 Registration of Company Change in Company Law If a company merges or divides and changes the registered items, it shall go through the change registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the deregistration of the company in accordance with the law; If a new company is established, it shall be registered in accordance with the law. If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.

  19. Anonymous users2024-01-19

    According to the provisions of the Company Law, the chairman (executive director) of the company is the legal representative of the company, and the term of office of the directors shall not exceed three years, and the specific selection method shall be stipulated by the articles of association of the company. If the articles of association stipulate the term of office of a director, he or she may not be removed from office without cause before the expiration of the term of office. If there is no specified term of office or the director fails to perform his duties during the term of office, Haofeng can convene a shareholders' meeting or an extraordinary shareholders' meeting to replace the directors.

    If there is a board of directors, the board of directors shall elect the chairman of the board, and if there is no board of directors, the legal representative shall be replaced if the executive director is replaced. After the shareholders' meeting and the board of directors form a resolution, the company's articles of association and the legal representative shall be changed and registered in accordance with the law.

    1. The term of office of the board of directors of the limited liability company.

    The maximum statutory term of office of a director of a limited liability company is three years, and the articles of association may stipulate a term of less than three years. Upon the expiration of the term of a director, he or she may be re-elected, and the company may, according to the company's situation, determine the number of consecutive terms for which a director may serve in the articles of association. Upon expiration of a director's term of office or resignation, his or her duties shall be automatically terminated.

    However, in the event that the directors are not re-elected in time upon the expiration of their term of office, or if the directors resign during their term of office, resulting in the number of members of the board of directors falling below the quorum, if the duties of the directors are automatically terminated, the board of directors will be unable to perform their duties due to the shortage of directors, which will affect the normal operation of the company, so the original directors shall still perform their duties as directors in accordance with the provisions of laws, administrative regulations and the articles of association of the company.

    2. What are the provisions on the election of the chairman of the board of directors under the Company Law?

    1. Article 44 of the Company Law provides that a limited liability company shall have a board of directors, and its members shall be three to thirteen; However, except as otherwise provided in Article 51 of this Law.

    Where two or more state-owned enterprises or two or more other state-owned investment entities invest in a limited liability company, the board of directors shall include representatives of the company's employees; Other limited liability companies may have employee representatives on the board of directors. The employee representatives on the board of directors shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms.

    The board of directors shall have a chairman of the board of directors and may have a vice chairman. The method for the selection of the chairman and vice chairman of the board of directors shall be stipulated in the articles of association of the company.

    2. Article 45 of the Company Law stipulates that the term of office of directors shall be stipulated in the articles of association of the company, but each term of office shall not exceed three years. Upon expiration of the term of office of the directors, they may be re-elected.

    If a director is not re-elected in a timely manner upon the expiration of his or her term of office, or if a director resigns during his term of office, resulting in a lower than the quorum of the board of directors, the original director shall still perform his or her duties as a director in accordance with the provisions of laws, administrative regulations and the articles of association before the re-elected director takes office.

  20. Anonymous users2024-01-18

    When the company changes its shareholders and legal persons, and amends and amends the articles of association, the board of directors first puts forward a proposal and a draft, and the shareholders will vote on the amended articles of association. In accordance with the relevant laws and regulations, the amendment to the articles of association of the company shall be approved by shareholders representing more than two-thirds of the voting rights.

    1. What are the provisions of the company's decision-making power and legal person?

    The decision-making power of a limited liability company is stipulated in the articles of association, and major matters such as amendments to the articles of association and resolutions to increase or decrease the registered capital must be passed by shareholders representing more than two-thirds of the voting rights; Each share held by the shareholders of the shares has one voting right, and general matters must be approved by more than half of the voting rights held by the shareholders attending the meeting, and major matters must be approved by more than two-thirds of the voting rights held by the shareholders attending the meeting.

    2. What are the clear provisions of the Company Law on the exercise of voting rights by shareholders?

    The Company Law has the following provisions on the exercise of voting rights by shareholders:

    Article 42 of the Company Law of the People's Republic of China stipulates that shareholders shall exercise their voting rights in accordance with the proportion of capital contribution at the shareholders' meeting; However, unless otherwise provided in the Articles of Association.

    Article 43 stipulates that the manner of deliberation and voting procedures of the shareholders' meeting shall be prescribed by the articles of association of the company, except as provided in this Law.

    Resolutions to amend the articles of association, increase or decrease the registered capital, and resolutions to merge, divide, dissolve or change the form of the company must be passed by shareholders representing more than two-thirds of the voting rights.

    3. Resolutions of the shareholders' meeting.

    First of all, the following matters must be approved by ordinary resolution at the general meeting of shareholders: the work report of the board of directors and the board of supervisors; Profit distribution plan and loss recovery plan prepared by the board of directors; the removal of members of the Board of Directors and the Supervisory Board, as well as their remuneration and method of payment; the Company's annual preliminary and prudential statements, balance sheet, profit and loss account and other financial statements; Matters other than those stipulated by laws, administrative regulations or the articles of association of the company by special resolution. Ordinary resolutions are passed by a simple majority of the voting rights held by the shareholders present at the meeting.

    Of course, non-voting shares should not be included in the total number of shares of the company and may not participate in voting. Secondly, the following matters were passed by special resolution at the General Meeting of Shareholders: the Company increased or decreased its share capital and issued any class of shares, warrants and other similar **; issuance of the Company's bonds; division, merger, dissolution and liquidation of companies; amendments to the Articles of Association; and other matters that are considered to have a material impact on the company and which are to be subject to a special resolution by ordinary resolution at a general meeting.

    A special resolution must be passed by more than two-thirds of the voting rights held by shareholders present at the meeting.

    Article 3 of the Company Law.

    The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

    Article 4. The shareholders of the company enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.

  21. Anonymous users2024-01-17

    OK. The legal representative of the company can be changed, and the shareholders can propose to change the legal representative, and then the shareholders of the company will vote, and if the vote is passed, the change of the legal representative will be registered. Before the change, you must first check whether the company is operating normally on the national enterprise credit information**, if there are any problems that need to be solved first before subsequent changes, the query results are normal, then it is better, then you can go directly to the next step.

    Company Law of the People's Republic of China

    Article 13 The legal representative of the company shall be the chairman of the board, executive director or manager in accordance with the provisions of the articles of association, and shall be registered according to law. If the legal representative of the company is changed, the change registration shall be completed.

    Article 7 A business license shall be issued by the company registration authority to a company established in accordance with the law. 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.

  22. Anonymous users2024-01-16

    Legal analysis: 1. Make an appointment for the change of the company's legal person at the industrial and commercial bureau where the company is registered. 2. Fill in the corresponding information on the industrial and commercial bureau where the company is registered, and fill it in truthfully.

    3. Bring the materials to the Industrial and Commercial Bureau to get the appointment number and submit the materials. 4. If there is any doubt about the materials or the local industrial and commercial bureau also requires other certificates, the supplementary materials will be supplemented (generally no appointment is required next time). 5. If there is no doubt about the materials or the supplement is completed and passed, the change notice will be obtained.

    6. Then go to the industrial and commercial bureau to get a new business license at the specified time. 7. To engrave a new corporate seal to the company. Take the new business license and all the seals to the opening bank to replace the account opening permit and seal.

    Note: The change of the legal person of the "original enterprise" with the separation of five certificates needs to be handled by the way, and the materials that need to be prepared are more complicated (such as five certificates), so it will be relatively troublesome. Enterprises with three certificates in one and five certificates in one only need to go to the industrial and commercial bureau to change the legal person, and the industrial and commercial bureau will share the company's change information with the taxation, social security and other departments.

    Legal basis: Regulations on the Administration of Registration of Loss-Resistant Legal Persons of Enterprises

    Article 17 An enterprise legal person shall apply for a change of registration if it changes its name, domicile, place of business, legal representative, economic nature, business scope, business mode, registered capital, business period, or establishment or cancellation of branches.

    Article 18 An enterprise legal person applying for a change in registration shall apply to the competent registration authority for modification of registration within 30 days after approval by the competent department or the examination and approval authority.

    Article 19 An enterprise legal person shall be separated, merged or relocated within 30 days after approval by the competent department or the examination and approval authority, and shall apply to the competent registration authority for alteration of registration, business registration or cancellation of registration.

  23. Anonymous users2024-01-15

    The company's shareholder change process: 1. Apply to the industrial and commercial bureau; 2. Submit change materials (such as shareholder register, identity certificate of new shareholders, etc.); 3. Receive the "Notice of Registration Decision" and then reissue the "Notice of Approval of Change of Registration". According to Article 137 of the Company Law, the shares held by shareholders may be transferred in accordance with the law.

    Article 139 stipulates that the registered stock spinal fluid note shall be transferred by the shareholders by endorsement or other methods prescribed by Lu Xun's laws and administrative regulations; After the transfer, the company shall record the name and address of the transferee in the register of shareholders. Article 140 stipulates that the transfer of bearer ** shall be effective after the shareholder delivers the ** to the transferee.

    Article 137 of the Company Law provides that the shares held by shareholders may be transferred in accordance with the law. Article 113 of the Company Law, Article 19 of the Company Law, shall be registered and transferred by the shareholders by endorsement or other methods prescribed by laws and administrative regulations; After the transfer, the company shall record the name and address of the transferee in the register of shareholders. Article 140 of the Company Law provides that the transfer of bearer ** shall take effect after the shareholder delivers the ** to the transferee.

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