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The right to operate refers to the right of an enterprise to possess, use and dispose of the property granted by the state for its operation and management in accordance with the law. The property of state-owned enterprises belongs to the state. Exercising ownership of business property on behalf of the state.
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Legal analysis: the right to operate can be divided into the statutory right to operate and the right to operate by agreement, among which the statutory right to operate, as the inevitable result of the legalism of property rights, is the right to operate directly obtained by the enterprise in accordance with the law, which is an important part of the property right of the enterprise legal person in nature, and its establishment is based on the standardization of the legal person system. The so-called agreed management right refers to the management right derived from the joint agreement of two or more investors to create a new legal person.
It is based on a contract of agreement between equal subjects of commodity producers.
Legal basis: Article 11 of the Regulations on the Conversion of the Operating Mechanism of Industrial Enterprises Owned by the Whole People: Enterprises enjoy the right to purchase materials. The right to operate.
Legal basis: Article 8: Enterprises enjoy the right to make decisions on production and operation.
Article 9: Enterprises enjoy the right to price products and services; Article 10: Enterprises enjoy the right to sell products.
Article 12: Enterprises enjoy the right to import and export. Article 13:
Enterprises enjoy the right to make investment decisions; Article 14: Enterprises have the right to dispose of retained funds.
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It includes the organization, management and decision-making rights of the enterprise. 3. Business autonomy: It includes the right of business entities to independently formulate business plans, business decisions and business methods according to factors such as market demand, competition and business environment.
Including the right to provide operation and management services to other enterprises or individuals. <>
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The right not to change the nature of ownership of the means of production, and to possess, dispose of, and use the owner's means of production and commodities in accordance with the law.
Legal basis: Article 5 of the Regulations on Individually-Owned Businesses The administrative department for industry and commerce and other relevant departments of the people at or above the county level shall supervise and manage the individually-owned businesses in accordance with the slag search law.
Individually-owned businesses engaged in renting camps in Zhenliang shall abide by laws and regulations, abide by social morality and business ethics, be honest and trustworthy, and accept the supervision of the relevant departments of the company and Yuzhao in accordance with the law.
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The attribution of the dispute over the right to operate depends on the situation: 1. If it is a dispute over ownership, it is an administrative case; 2. If it is a contract dispute, a dispute over the infringement of the contracted management right, a dispute over the transfer of the contracted management right, a dispute over the distribution of compensation fees for the expropriation of the contracted land, or a dispute over the inheritance of the contracted management right, then it is a civil case. Where members of a collective economic organization file a civil lawsuit over the amount of land compensation used for distribution, the people's court shall not accept Liang Sheng.
Article 6 of the Provisions on the Administration of Enterprise Name Registration Article 6 Enterprises are only allowed to use one name, and they shall not be the same or similar to the names of enterprises in the same industry that have been registered in the town within the jurisdiction of the competent registration authority. If there is a special need, the enterprise may use a subordinate name within the prescribed scope with the approval of the competent registration authority at or above the provincial level. Article 7 of the "Provisions on the Administration of Enterprise Name Registration" The enterprise name shall be composed of the following parts in turn:
Trade name (or trade name, the same below), industry or business characteristics, and organizational form. The name of the enterprise shall be titled with the name of the administrative division of the province (including autonomous regions and municipalities directly under the Central Government, the same below) or city (including prefectures, the same below) or counties (including municipal districts, the same below) where the enterprise is located. With the approval of the State Administration for Industry and Commerce, the enterprise name of the following enterprises may not be named with the name of the administrative division where the enterprise is located:
1) The enterprises listed in Article 13 of these provisions; (2) Enterprises with a long history and a well-known name; (3) Foreign-invested enterprises. Article 8 of the "Provisions on the Administration of Enterprise Name Registration" stipulates that the name of an enterprise shall use Chinese characters, and the name of an enterprise in an ethnic autonomous area may also use the old characters commonly used in the ethnic autonomous area. Where an enterprise uses a foreign name, its foreign name shall be consistent with the Chinese name and shall be reported to the competent registration authority for registration.
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The right to operate an enterprise refers to the right to control and manage the property, investment, and other matters enjoyed by an enterprise in the course of its operation. The ways to realize the right to operate an enterprise mainly include contracting, leasing and the company system.
Legal basis: Article 12 of the Company Law of the People's Republic of China stipulates that the company's business scope shall be stipulated in the articles of association of the company and shall be registered in accordance with the law. The company may amend its articles of association and change its business scope, but it shall go through the registration of the change.
The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
1. How to increase the scope of business.
1) There are the following processes to increase the scope of business:
1. Prepare the following information.
1) Application for Change of Company Registration
2) Original and duplicate of official seal and business license.
3) Power of Attorney for Enterprise (Company) Application for Registration
4) New business scope.
5) Resolution of the shareholders' meeting.
2. Make an appointment for the time of industrial and commercial change.
3. Submit materials.
4. Audit. 5. Complete the change.
2) Business license in accordance with Article 7 of the Company Law.
For a company established in accordance with the law, a business license shall be issued by the company registration authority. 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 business license of the company, the company shall go through the change registration in accordance with the law, and the business license shall be renewed by the company registration authority.
Article 12 Scope of business.
The business scope of the company shall be stipulated in the articles of association of the company and shall be registered in accordance with the law. The company may amend its articles of association and change its business scope, but it shall go through the registration of the change.
The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
2. Letter of change of name of the contract company.
The content of the letter of change of the name of the contract company: mainly including the company's name, domicile, and legal representative. If a company changes the registration of its establishment, it shall apply to the original company registration authority, i.e., the company establishment registration authority, for the change of registration.
The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
Article 12 of the Company Law stipulates that the business scope of a company shall be stipulated in the articles of association of the company and shall be registered in accordance with the law. The company may amend its articles of association and change its business scope, but it shall go through the registration of the change.
The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
Detailed explanation of land contracting and management rights.
The registered capital is more than 500,000 yuan
First agreement, if the agreement is not reached, it can be resolved by the court!
Legal basis: Civil Code of the People's Republic of China
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