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It is not possible for the registered address of the company to be different from the actual business address.
According to Article 7 of the Company Law of the People's Republic of China, 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.
Each region carries out business administration for enterprises in various regions, and cannot cross the regional management, so when the enterprise operates in a different place, the industrial and commercial administration department of the place of registration cannot manage it, so China's law clearly prohibits enterprises from operating in other places, so it is illegal to operate in other places.
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According to the provisions of the Company Law, the registered address and business address of the company must be the same. However, in practice, there are many companies that are not the same as the place of business because of the misunderstanding or the fact that many people have financial constraints in the early stage of starting a business. So what is the risk of the company's registered address not being the same as the actual business address?
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. 1. The difference between the registered address of the company and the business 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. This is also required by the Market Supervision Bureau (SAIC) in practice.
2. What are the risks of the inconsistency between the company's registered address and the 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 company's registration items, 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 Administration of Registration 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. How to solve the inconsistency between the company's registered place and the place of business 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. In short, if a company engages in business activities in a place other than its domicile, it should apply to the company registration authority where the place is located for registration of the establishment of a branch.
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1.confirmation of jurisdiction in litigation;
2.the performance of contractual obligations;
3.The domicile of the company determines the administrative jurisdiction to which the company belongs.
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;
2.Accept administrative penalties such as warnings, registration within a time limit, orders to suspend business for rectification, withholding business licenses, or even revoking business licenses;
3.If an enterprise designs a litigation matter and files a lawsuit against the corporate legal person, the court where the company is domiciled has jurisdiction, and the legal documents will also be served at the address of the domicile.
4.If the company's actual business address and registered address are different, and the original registered address has a new company.
In fact, China's company law stipulates that the registered address of a company and its business address cannot be different. The company must carry out its business activities at the address of its registered domicile.
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 be changed, and the information registered when opening a bank account should be changed;
2.If the registered address and the business address are not the same, then the business license of the branch must be applied for for a place that is not the registered address on the business license;
If the registered address is inconsistent with the actual address, the boss must change the registered address as soon as possible, although the requirements for company registration have been reduced, but there are strict requirements for these basic requirements, so the bosses must not be sloppy, and must always pay attention to all changes in the company and the relevant regulations of the state.
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Legal Analysis: No. In the event of a change in the registration items of a hail company, if the relevant change registration is not carried out 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.
Legal basis: "Regulations of the People's Republic of China on the Administration of Company Registration" Article 68 When there is a change in the registration items of a company, if the relevant change registration is not carried out 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 between 10,000 yuan and 100,000 yuan shall be imposed. Among them, if the change of business scope involves a project that must be approved by laws, administrative regulations or decisions of the source Li Lu without obtaining approval, and engaging in relevant business activities without authorization, and the circumstances are serious, the business license shall be revoked.
If the company fails to handle the relevant filing in accordance with the provisions of these Regulations, the company registration authority shall order it to handle it within a time limit; If it is not handled within the time limit, a fine of less than 30,000 yuan shall be imposed.
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The production and business address and the registered address cannot be inconsistent, and there are the following legal risks if the inconsistency is made: 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 and the illegal income shall be confiscated; 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; Unable to receive court documents and losing the opportunity to appear in court to defend in a litigation matter; Other.
[Legal basis].Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration.
When there is a change in the company's registration items, if the relevant change registration is not carried out 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. Among them, if the change of business scope involves a project that requires approval as stipulated by laws, administrative regulations or decisions, and the approval is not obtained, and the relevant business activities are engaged in without authorization, and the circumstances are serious, the business license shall be revoked.
If the company fails to handle the relevant filing in accordance with the provisions of these Regulations, the company registration authority shall order it to handle it within a time limit; If it is not handled within the time limit, a fine of less than 30,000 yuan shall be imposed.
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1. If the registered address is different from the business address, and the industrial and commercial market supervision and management department cannot be contacted, then the enterprise is easily included in the list of abnormal business addresses. If it is serious, it will be fined between 10,000 and 100,000 yuan.
2. For those who change the main registration items of the industrial and commercial license without authorization, do not change the registration in accordance with the regulations and do not handle it within the time limit, the business license will be revoked if the circumstances are serious.
3. Reduce the credibility of the company, mainly reflected in the process of understanding with customers, which is easy to reduce the trust of customers. After all, a company's registered address is in one place, and its business address is in another. Normal people may think, "One company has two cherry potato sites, which one is the spine holder and which is the fake."
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Lawyer's answer: No.
Article 10 of the Company Law of the People's Republic of China The company shall be domiciled at the location of its main office. Article 7 of the "People's Republic of China Public Corruption and Justice" A company established in accordance with the law shall be issued a business license 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 items recorded in the company's business license, the company shall change the registration status key in accordance with the law, and the company registration authority shall renew the business license.
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It is illegal for the address on the company's business license to be inconsistent with the business address.
If the party finds that the registered address of the company is different from the business address, and fails to go through the formalities with the relevant authorities in time, his behavior is an illegal act and will be punished. If the registered address of the company's domicile is changed in the future and the change is not registered, the domicile cannot be changed against a third party, which means that the company's address will be credible once it is registered.
If the address of the business license does not match the actual one, it will be fined and the business license will be seriously revoked. If the business address on the business license is inconsistent with the actual office address, you should go to the industrial and commercial bureau to go through the procedures for changing the address. If the change of business scope involves a project that must be approved by laws, administrative regulations or decisions, and the relevant business activities are engaged in without approval, and the circumstances are serious, the business license shall be revoked.
1) The change application form received by the industrial and commercial department;
2) Copy of rental agreement and house ownership certificate;
3) Resolution of the shareholders' meeting: The resolution of the shareholders agreeing to the change of address;
4) Amendment to the Articles of Association. After changing the business license of the completion business, you can change the tax registration certificate.
We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.
Legal basis]: Article 211 of the Company Law of the People's Republic of China (2018 Amendment) If a company fails to commence business for more than six months without justifiable reasons after its establishment, or suspends business on its own for more than six consecutive months after opening, the business license may be revoked by the company registration authority.
If the company fails to handle the relevant change registration in accordance with the provisions of this Law when there is a change in the items to be registered, the company registration authority shall order the company to limit the registration period; 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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The place of incorporation and the place of business of the company can be different. The company's domicile is the location of the company's main office, and it does not have to be the same as the production and business premises. However, if the tax is subject to localized management, and the place of registration of the company is inconsistent with the actual place of operation, it is easy to cause blind spots in supervision, resulting in the loss of tax revenue or inconvenient management.
1. What materials are required to register a company?
1. The "Application for Company Establishment and Registration" shall be signed by the legal representative of the company;
2. The "Evidence of the Designated Representative or Co-Entrusted Person" shall be signed by the board of directors;
3. The minutes of the general meeting of shareholders or the founding meeting signed by the promoter or signed by the presiding officer of the meeting and the directors attending the meeting (submission of fundraising and establishment) are equivalent to the resolution of the shareholders' meeting (set up to imitate);
4. Articles of association signed by all promoters or signed by all directors;
5. A copy of the identity document of the natural person;
6. Copies of appointment documents and identity documents of directors, supervisors and managers;
7. The photocopy of the legal representative's employment documents and identity documents is almost the same;
8. Proof of residence;
9. Notice of Pre-approval of Enterprise Name.
2. What do you need to meet to register a company?
According to the provisions of the Company Law of the People's Republic of China, the acquisition of the legal personality of a company must meet the following conditions:
1. The company must be established in accordance with the law.
2. The company must have the necessary property.
3. The company must have its own name, organization and place.
4. The company must be able to engage in civil and commercial activities in its own name and independently bear civil liability.
After the company is put into operation, the local industrial and commercial department will also inspect the company anytime and anywhere, so it is necessary to confirm the company's business address at the beginning, and if the business address is moved later, it is necessary to go to the industrial and commercial bureau to change the business license. From the beginning of registration, the company must be carried out in accordance with the legal system in a down-to-earth manner, otherwise it will not be able to operate normally in the later stage.
Legal basis: Article 10 of the Company Law stipulates that a company shall be domiciled at the place where its main office is located.
According to Article 12 of the Regulations on the Administration of Company Registration, the domicile of a company is the place where the company's main office is located. There can only be one domicile of a company registered with the company registration authority. The domicile of the company shall be within the jurisdiction of its company registration authority.
The production and business address and the registered address cannot be inconsistent, and there are the following legal risks if the inconsistency is made: 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 and the illegal income shall be confiscated; 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; Unable to receive court documents and losing the opportunity to appear in court to defend in a litigation matter; Other. >>>More
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