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The business term is what we call the term of use of the business license, and the business term in China is divided into two types, namely the term and the indefinite. In practice, many people don't know what to do when the company's operating period expires? In response to this problem, the following is a brief analysis for you.
First of all, it depends on the reason for the expiration of the business period, whether the business period stipulated in the articles of association of the company expires or the business term registered with the administrative department for industry and commerce expires? The former, the first meeting, whether to cancel or continue to operate, you have the final say, to continue to operate to amend the articles of association. The latter, the first meeting, to modify the business period in the articles of association, within half a year after the expiration of the registered business period, go to the industrial and commercial office to change the registration, very simple.
If you don't want to do it, you can cancel the registration. If you want to continue to do it, you can change the registration, and if you don't want to do it, cancel the registration and go through liquidation. Don't ignore it, first of all, if you are overdue, the industrial and commercial office will order you to change your registration, and if you still don't listen, you will be fined according to the regulations.
If you operate without a license, you will be fined once at a time, and the principle of no further punishment shall not apply. To sum up, if the company's business period is about to expire, it is necessary to go through the relevant procedures with the industrial and commercial department. Legal basis:
Article 74 of the Company Law of the People's Republic of China has any of the following circumstances, shareholders who vote against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **: (1) the company does not distribute profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this law; (2) The company merges, separates, or transfers its main assets; (3) The business period specified in the articles of association of the company expires or other reasons for dissolution as stipulated in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to make the company exist. If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.
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The term of operation of the business license of the enterprise shall be determined by all shareholders through the articles of association of the enterprise, for example: 30 years on the articles of association, and 30 years on the license issued by the industry and commerce,。。
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When registering a company, there will be a business period, so how long is the company's business period? Are there any specific rules? First of all, the business period refers to the effective time of the company's existence, and the company does not stipulate the business period in the Company Law of the People's Republic of China. Secondly, the company's business period is generally divided into two types: limited term and indefinite period, and the limited period is divided into two situations:
The first is the self-proposed period, which means that the shareholders or promoters specify the business period in the articles of association; the second is the statutory time limit, which refers to the time limit required by the management authority to be indicated in the charter; Indefiniteness is an attitude in which the law does not require the company to indicate the duration of its existence. Finally, China's Company Law of the People's Republic of China does not stipulate the maximum operating period of a company, nor does it stipulate the business period in the articles of association, for example, Article 25, Paragraph 1 of the Company Law does not include the company's business period among the eight items that should be specified in the articles of association. Therefore, the company's business term can be drawn up by the company itself, and when the company is established and submitted to the industrial and commercial department, the company's business term can be specified as a specific period or a long term.
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How long the company's business license is valid depends on the situation:
1. The validity period of the business license of individual industrial and commercial households is permanent;
2. The business license of sole proprietorship is valid for one year and will be renewed after expiration;
3. The validity period of the business license for foreign-funded enterprises can generally be set at 20 years, with a maximum of 30 years;
4. The validity period of the business license is generally 10 years, and after the expiration, you can go through the extension procedures for the defeat of filial piety and Zheng;
5. The validity period of the registration certificate of the representative office is 1 year, and it needs to be extended every year.
What materials are required for business license processing?
1. Application form for individual industrial and commercial household or registration signed by the applicant;
2. Proof of identity of the applicant;
3. Proof of business premises;
4. Other documents required to be submitted by the State Administration for Market Regulation;
5. Power of Attorney for Designated Representative or Co-Principal;
6. If it is a registered company's business license, it is also necessary to submit the articles of association signed by all shareholders, the main qualification certificate of shareholders or a copy of the identity certificate of a natural person.
Legal basis: Article 10 of the Regulations on Individually-Owned Businesses.
Where the registration items of an individually-owned business are changed, an application shall be made to the registration authority for the modification of the registration.
Where an individually-owned business changes its business operator, it shall, after completing the cancellation of registration, the new business operator apply for a new registration. Where a family-run individually-owned business changes its business operator among family members, it shall go through the formalities for the change in accordance with the provisions of the preceding paragraph.
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The validity period of the business license is as follows: the validity period of the business license of individual industrial and commercial households is permanent; The business license of a sole proprietorship is valid for one year and will be renewed after expiration; The validity period of the business license of a foreign-funded enterprise can be set at 20 years and a maximum of 30 years; The validity period of the company's business license is generally ten years, and it can be extended after the sales period; The representative office registration certificate is valid for one year and needs to be renewed every year.
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There are two types of validity periods for a business license:
1.The validity period of the business license of individual industrial and commercial households is **permanent**. There are two main situations of terminating the validity period: arrogant pants who take the initiative to cancel the license, and who have their licenses revoked by the industrial and commercial department for illegal operations.
2.The business license of a sole proprietorship is valid for **one year** and can be renewed after expiration.
3.The validity period of the business license of foreign-funded enterprises is generally 20 years, with a maximum of 30 years.
4.The business license is generally valid for **10 years**, and it can be extended after expiration.
5.The representative office registration certificate is valid for **1 year** and needs to be renewed every year.
If the enterprise chooses the nature of registration in batches when applying for the opening of the business, the business license will show that the company's hidden camp period is **2 years**, and only after the capital is fully funded can it be exchanged for a new business license with a validity period of **10 years**.
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A business license is an important document for enterprises to carry out business activities, and its validity period varies according to the different types of registration and business scope of enterprises. The following are the general validity periods:
1.The business license established independently by the enterprise is valid for three years.
2.The business license of an individual business is valid for five years.
3.The business license for rural contracted management rights is valid for 10 years.
The validity period of the business license is not fixed, and the enterprise needs to carry out the annual inspection during the validity period, and if the annual inspection is qualified, the original business license can be continued; If the annual inspection is not qualified, you need to re-apply for a business license. At the same time, if there is a major change in the enterprise, such as changing the name, address, legal representative, etc., it is also necessary to apply for a new business license.
Enterprises need to pay attention to the validity period of the business license and the annual inspection in their daily operations, and ensure that they carry out business activities legally and in accordance with regulations.
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The validity period of the business license is as follows: 1. The validity period of the business license of individual industrial and commercial households is permanent, and the termination of the validity period mainly includes two types: you return to the state and take the initiative to cancel the license, and the license is revoked by the industrial and commercial department for illegal operation; 2. The business license of sole proprietorship is valid for one year and will be renewed after expiration; 3. The validity period of the business license of foreign-funded enterprises can generally be set at 20 years, with a maximum of 30 years; 4. The validity period of the business license is generally 10 years, and it can be extended after expiration; 5. The validity period of the registration certificate of the representative office of the leakage source is 1 year, and it needs to be extended every year.
Legal basis: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 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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The validity period of the business license of the individual rubber business is permanent, and the main circumstances for terminating the validity period are that you take the initiative to cancel the license.
The business license of a sole proprietorship is valid for one year and will be renewed after expiration.
The validity period of the business license of a foreign-funded enterprise can generally be set at 20 years, with a maximum of 30 years.
The business license is generally valid for **10 years**, and it can be extended after expiration.
Extended Information:1A business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format shall be uniformly prescribed by the State Administration for Industry and Commerce.
The business license is divided into original and copy, and both have the same legal effect. The original shall be placed in a conspicuous position in the company's domicile or place of business, and the business license shall not be forged, altered, leased, lent or transferred.
In addition, after the integration of multiple certificates, the business license is more important, and business owners should keep it properly.
With the resolution of the general meeting of shareholders on changing the legal representative of the company, a copy of the new ID card of the legal representative of the company and a personal resume, you can apply to the industrial and commercial bureau that originally issued the business license to change the legal representative of the company. Required materials: Fill in the "Application for Company Change of Registration" signed by the company's legal representative; Fill in the "Certificate of Designated Representative or Co-Principal" signed by the company; Resolutions or decisions of shareholders' meetings.
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