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When a company is established, it is required to go through the formalities for the establishment of the company at the industrial and commercial bureau, and determine the registered address of the company, that is, the place of business, as the legal domicile of the company. So how should we avoid the risk of inconsistency between the company's registered address and the business address, let's take a look at it with you.
1. The definition of the company's registered address and the business address is different.
The registered address of the company refers to the "residential address" registered on the company's business license. Under normal circumstances, the company is domiciled in the place where its main office is located, and the requirements for the registered address are different in different cities, which should be subject to the requirements of the local industrial and commercial bureau.
The business address refers to the "residence" recorded on the business license of the enterprise, that is, the place where the business is actually operated.
According to the Company Law, the registered address of the company must be the same as the business address.
2. The legal risk of inconsistency between the company's registered address and business address.
1. After investigation and punishment by the administrative department for industry and commerce, a fine of between 10,000 yuan and 100,000 yuan may be imposed.
Basis: Article 69 of the Regulations on the Administration of Company Registration: When there is a change in the registration items of a company, if the relevant change registration is not handled in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit, and if the registration is not completed within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
2. Administrative penalties such as accepting warnings, registering within a time limit, ordering the suspension of business for rectification, withholding business licenses or even revoking business licenses.
Basis: Article 63 of the "Detailed Rules for the Implementation of the Regulations on the Registration and Administration of Enterprise Legal Persons": If the main registration items are changed without authorization and the registration is not changed in accordance with the regulations, a warning shall be given, the illegal gains shall be confiscated, and a fine of less than 3 times the amount of illegal gains shall be imposed, but the maximum shall not exceed 30,000 yuan, and if there are no illegal gains, a fine of less than 10,000 yuan shall be imposed, and the change of registration shall be handled within a time limit; if it fails to handle it within the time limit, it shall be ordered to suspend business for rectification or withhold the business license; where the circumstances are serious, the business license is revoked.
3. If the enterprise is involved in litigation matters and files a lawsuit against the enterprise legal person, the court where the company is domiciled will have jurisdiction, and the legal documents will also be served at the address of the residence.
4. If the actual place of operation of the company is inconsistent with the place of registration, and the original place of registration has a new company to apply for the registration of the company's domicile, the address will be locked, and the company will not be able to pass the annual inspection. 3. Ways to solve the inconsistency between the company's place of registration and its place of operation.
1. Change the industrial and commercial registration and change the company's registered address to the place of business;
2. Set up a branch, that is, set up a branch in the business where it operates;
3. If tax incentives are involved, the turnover tax can be paid at the place of business, or it can be settled by the head office, and the income tax can be settled and paid by the head office;
4. The registered address should have a contact person for sending and receiving documents, and the signed documents and letters can be sent to the company's business location in a timely manner.
Qiying reminds you that if a company engages in business activities in a place other than its domicile, it shall apply to the company registration authority where the place is located for the registration of the establishment of a branch. The above is a summary of the relevant information for you, I hope it can help you.
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I don't know what kind of business you are, asking so many questions at once. In the case of a company, there is a penalty clause in the company registration regulations. "Article 69 Where there is a change in the registration items of a company, the relevant change registration is not completed in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit; If the registration is not made within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Generally, the industrial and commercial bureau will order you to make corrections first, and then punish you if you do not make corrections. Now there is no charge for opening a license and changing the registration, so why not go through the change registration?
All over the country are grabbing tax sources, as long as you declare and pay taxes normally, the tax is generally not punished, but they will also find you to make changes.
Business registration and cancellation of registration on the official website of the provincial and municipal industrial and commercial bureaus have steps and corresponding publicity, there are many types of enterprises, you want to run a company or a sole proprietorship or a partnership, you have to think about it and then ask, you can also search directly in the answer.
If you have to consult the local tax bureau for invoicing, call 12366 for consultation.
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Legal analysis: the company's registered address is not the same as the actual business address, and each region carries out business administration for enterprises in various regions, and cannot be managed by crossing the region quietly, so when the enterprise operates in a different place, the business administration department of Qihuna, where it is registered, cannot manage it, so China's law clearly stipulates that enterprises are prohibited from operating in other places, so it is illegal to operate in other places.
Legal basis: Article 7 of the Company Law of the People's Republic of China shall issue a business license 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.
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First, the front. It is not permissible for the registered address of the company to be different from the actual business address. Each region manages the enterprises in each region, and cross-region management is not possible.
When an enterprise operates in a different place, the industrial and commercial administration department of the place of registration cannot manage it, so the law clearly prohibits the enterprise from operating in a different place. It is even possible to be warned, and illegal gains may be confiscated and fined. where there are no illegal gains, the modification of registration shall be handled within a set period of time.
2. Analyze the details.
The company is domiciled at the place where its principal office is located. The location of the office, that is, the location of the company's business activities and corporate affairs. For a company that has reached a certain scale, the company often has more than one office, taking into account the above significance of the company's address, the law clearly stipulates that the company can only have one address at the latest, so in the case of multiple offices, one of them should be established as the main office according to the nature of the business handled by each office, so that the company's domicile is the location of the office.
3. The legal risks of inconsistency between the company's place of registration and the actual place of operation mainly include:
1. If found by the administrative authority for industry and commerce, a fine of between 10,000 yuan and 100,000 yuan may be imposed;
2. Administrative penalties such as accepting warnings, registering within a time limit, ordering the suspension of business for rectification, withholding business licenses or even revoking business licenses.
3. If the enterprise is involved in litigation matters, the lawsuit filed against the corporate legal person shall be under the jurisdiction of the court where the company is domiciled, and the court documents will also be served at the address of the residence.
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I don't know what the nature of your license is, if it is ****, you should go through the change procedures within one month from the date of the change of the actual business address, if the industrial and commercial bureau of the place of registration finds out, notify you to change the registration of the same, you should accept the fine, the fine is more than 10,000 more than 100,000 yuan.
If it is a sole proprietorship or partnership, the fine amount is less, and the maximum amount is not more than 3,000 yuan.
2. But it depends on how the industrial and commercial bureau determines, because your actual place of business is inconsistent with the license, and you can also be treated as unlicensed in the actual place of business, because the fine for individual industrial and commercial households is relatively small, and you can be fined 5,000 yuan according to the unlicensed treatment.
3. As long as you are not a self-employed business, but a **** or a sole proprietorship or partnership in the world, you can set up a branch in the actual place of operation, and the branch implements the accounting system and does not account independently, so it is legal.
4. For taxation, the problem is not big, they are the principle of territorial management, as long as there is no tax arrears.
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Hello, regarding your question about what to do if the company's registered place is inconsistent with the actual place of business, the reference content is as follows: self-employed individuals and companies will be fined if the business premises on the business license are inconsistent with the actual business location. 1. If it is self-employed, according to Article 16 of the Detailed Rules for the Implementation of the Interim Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households
According to the provisions of Articles 9 and 22 of the Gaodong Regulations, if an individual industrial and commercial household changes the main registration items without authorization, the following penalties shall be imposed: (1) If the name of the operator and the designated business premises are changed without authorization, the person shall be given a warning or imposed a fine of not more than 1,000 yuan; The above "Regulations" refer to the "Interim Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households" 2. If it is a company, according to Article 212 of the Company LawWhen there is a change in the company's registration items, if the relevant change registration is not handled in accordance with the provisions of this law, the company registration authority shall order the registration to be limited within the time limit; If the registration is not done within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
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1. First change the address on the business license to the actual business address, and then the district to which the tax bureau belongs should change the hall and the information registered when opening a bank account should be changed;
2. If the registered address and the business address are inconsistent, then the business license of the branch must be applied for for a place that is not the registered address on the business license;
3. When there is no registered address at the actual business address, you can choose a virtual registered address and change the registered address to the actual business area.
Legal basis: Regulations of the People's Republic of China on the Administration of Company Registration Article 73 When there is a change in the registration items of a company, if the relevant change registration is not handled in accordance with the provisions of these Regulations, the company registration authority shall order the registration within a time limit, and if the registration is not completed within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
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