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A 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. So have you ever understood the business license process and re-issuance method, let's take a look with Qiying today.
Qiying sorting: the process and re-issuance method of business license.
Result: Receive a business license.
Qiying sorting: the process and re-issuance method of business license.
2. How to reapply for a business license.
1. If the business license is lost, the first step to do is to publish it in the newspaper.
2. The industrial and commercial bureau shall handle the following procedures: The application for change of company registration signed by the legal representative and stamped by the company with the official seal.
"Certificate of Designated Representative or Co-Principal" stamped by the company.
The limited liability company shall submit a resolution to the shareholders' meeting, which shall be sealed by the shareholders (unit shareholders) or signed (natural person shareholders).
The shares **** shall be submitted to the resolution (minutes) of the general meeting of shareholders, which shall be signed by the presiding officer of the meeting and the directors attending the general meeting of shareholders.
In accordance with the provisions and procedures of the Company Law and the articles of association, a wholly state-owned company shall submit a decision to the State-owned Assets Supervision and Administration Commission or a resolution of the board of directors. The decision of the State-owned Assets Supervision and Administration Commission shall be stamped with the official seal of the State-owned Assets Supervision and Administration Commission; Resolutions of the Board of Directors shall be signed by the Directors.
One person **** submits a written decision to the shareholder, which is stamped by the shareholder (legal person shareholder) or signed (natural person shareholder).
If it is a subsidiary of an enterprise group and the name or abbreviation of the enterprise group is in its name, a copy of the Enterprise Group Registration Certificate stamped with the seal of the parent company of the enterprise group shall be submitted; If it is a shareholding company, it shall also submit a certificate of consent from the management body of the enterprise group.
If laws and administrative regulations stipulate that the change of the company's name must be submitted for approval, a copy of the relevant approval document or license shall be submitted.
New Articles of Association or Amendments to Articles of Association signed by the legal representative.
A copy of the company's "Business License for Enterprise Legal Person".
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Legal analysis: The cancellation of the business license cannot be restored, but Kaiyuan can re-register the business license, and when registering the business license, the original registered name potato high is not used, and it can continue to be used. To apply for the registration of individual industrial and commercial households, the applicant or the person entrusted by the applicant can directly register with the registration authority where the business premises are located; Where the registration authority entrusts its subordinate industrial and commercial offices to handle the registration of individual industrial and commercial households, it shall register with the industrial and commercial office where the business premises are located.
Legal basis: Article 13 of the Administrative Measures for the Registration of Individually-owned Industrial and Commercial Households To apply for the registration of individually-owned industrial and commercial households, the applicant or the person entrusted by him can directly register with the registration authority where the place where the business number of grandchildren is located; Where the registration authority entrusts its subordinate industrial and commercial offices to handle the registration of individual industrial and commercial households, it shall register with the industrial and commercial office where the business premises are located.
Article 14 of the Administrative Measures for the Registration of Individually-Owned Businesses shall submit the following documents to apply for the registration of individually-owned businesses: (1) the application for registration of individually-owned businesses signed by the applicant; (2) Proof of the applicant's identity; (3) Proof of business premises; (4) Other documents required to be submitted by the State Administration for Industry and Commerce.
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The business license has been cancelled and cannot be restored. After the industrial and commercial license is cancelled, the business activities have been stopped in principle, including negative debts, bank accounts, tax registration, etc. Therefore, the cancellation of the business license cannot be restored, but the business license can be re-registered, and when the business license is registered, the original registered name is not used, and it can continue to be used.
Legal basis] Article 13 of the Administrative Measures for the Registration of Individual Industrial and Commercial Households.
To apply for the registration of individual lead cavity industrial and commercial households, the applicant or the person entrusted by him can directly register with the registration authority where the business premises are located; If the registration authority entrusts the industrial and commercial office of its subordinate mold branch to handle the registration of individual industrial and commercial households, it shall register with the industrial and commercial office where the business premises are located.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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After the business license of an enterprise legal person is revoked, it shall be liquidated in accordance with law, and only after the liquidation procedure is completed and the industrial and commercial deregistration is completed as suched, the enterprise legal person shall be extinguished. Therefore, under normal circumstances, the revoked business license of the enterprise legal person is an administrative penalty that cannot be restored, and the liquidation and cancellation of the company should be carried out in a timely manner in accordance with the relevant provisions of the Heduan. If it is considered that the specific administrative act of the specific Administration for Industry and Commerce is wrong, it may apply for administrative reconsideration or administrative litigation.
Legal basis: Article 68 of the Regulations of the People's Republic of China on the Administration of Company Registration: If a company fails to open for more than 6 months without a legitimate reason after its establishment, or suspends business for more than 6 consecutive months after opening, the business license may be revoked by the company registration authority.
Article 16 of the Interim Measures for the Annual Report of Individually-Owned Industrial and Commercial Households: Individually-owned businesses that are marked as having abnormal business operations in accordance with the provisions of Article 13 of these Measures may submit a supplementary annual report to the administrative department for industry and commerce and apply for restoration of the normal record status. The administrative department for industry and commerce shall restore its normal record status within 5 working days from the date of receipt of the application.
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The business license has been cancelled and the method of returning to normal is as follows:
1. After filling in, signing, stamping, paying off invoices, and paying taxes according to the requirements of the national tax, the national tax registration certificate will be withdrawn and a notice of cancellation of tax registration will be given.
2. Take the notice of cancellation of tax registration of the national tax, go to the local tax to get **, and after paying the tax, the local tax registration certificate will be withdrawn and a notice of cancellation of tax registration of the local tax will be given.
3. Take two notices and cancel your bank account.
4. Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industrial and Commercial Bureau, and the business license will be withdrawn. (Note that before the cancellation of industry and commerce, the cancellation announcement should be publicized three times on the **, and the sample should be submitted to the industrial and commercial bureau).
Purpose of Business License:
The business license is a certificate issued by the industrial and commercial administration to industrial and commercial enterprises and self-employed persons to engage in a certain production and business activity. Its form shall be uniformly prescribed by the State Administration of Industry and Chang Transporters. In addition to the legal operation, the purpose of the business license also limits the scope of business, and the slippery wax enterprise shall not exceed the scope of business in its business activities.
The normal operation of enterprises must fulfill tax obligations, which is mandatory, and the tax registration certificate is the basic means for the tax authorities to manage the enterprise. <>
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1. What is a business licenseA 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. Its registration items are:
Name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. The business license is divided into original and copy, both of which 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.
Industrial and commercial enterprises or self-employed persons without a business license are not allowed to open business, and they are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements, and banks are not allowed to open accounts.
2. How to restore the business license.
1) The current law does not say that the application for the resumption of the business license is not used, and if you have not operated for more than six months, you should apply for cancellation;
2) Under normal circumstances, if you participate in the annual inspection, the business license of the year is valid, although you have not been in business for a period of time, you can continue to operate;
3) If you do not participate in the annual inspection of the year, it may be revoked by the industrial and commercial department in the following year (this is the biggest punishment), you should immediately go to the industrial and commercial department to explain the reason, participate in the supplementary inspection (to be punished first and then re-inspected) can still continue to operate legally;
4) If you have not participated in the annual inspection for two years, and there are no special circumstances that must be revoked by industry and commerce, you should go through the cancellation procedures and re-open a new enterprise, (but you cannot be the legal representative within three years).
5) If it has been revoked by the industrial and commercial department and wants to resume business, there must be special reasons: such as: the industrial and commercial department has made a mistake and has been revoked, or the court believes that you should still fulfill your legal responsibilities, or due to employee employment placement, creditor's rights and debts, civil disputes still need to be dealt with, etc.;
3. The relevant laws and regulations stipulate that the Sixth Session of the Standing Committee of the 12th National People's Congress decided on December 28, 2013 to amend the Company Law, which will come into force on March 1, 2014. Notice to registered companies: The paid-in system has been changed to the subscription system, and the paid-in system of the company's registered capital has been changed to the registered capital subscription system, which is the most prominent highlight of the newly revised company law.
According to the provisions of the newly amended Company Law, except as otherwise provided by laws, administrative regulations and decisions on the paid-in registered capital of the company, the provisions that the shareholders (promoters) of the company shall pay up the capital contribution within two years from the date of establishment of the company, and the investment company can pay up the capital contribution within five years; The provision that the shareholders of a one-person limited liability company should pay their capital contributions in full at one time has been abolished. The shareholders (promoters) of the company independently agree on the amount of subscribed capital contribution, the method of capital contribution, the term of capital contribution, etc., and record them in the articles of association of the company. This reform is conducive to individual entrepreneurship, can promote the establishment of a credit system in China, and is conducive to promoting the transformation of the mode of resource allocation.
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Legal analysis: After the business license of an enterprise or an individual industrial and commercial household is revoked, it only loses its qualification to engage in business activities, and as long as the entity has not gone through the cancellation of registration and the entity qualification still exists, its business license can be restored.
Legal basis: Administrative Licensing Law of the People's Republic of China Article 70 If the administrative license has been revoked in accordance with the law, the administrative organ shall handle the cancellation procedures for the relevant administrative license in accordance with the law. The revocation of the administrative license by the administrative organ means that the administrative license has ended, and its subject qualification has no significance due to the loss of business qualifications and should be cancelled.
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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