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1. If you do not have a business license and engage in business, it is an unlicensed operation, and it will be investigated and banned in accordance with the "Measures for the Investigation and Punishment of Unlicensed Operations";
2. When the administrative department for industry and commerce at or above the county level investigates and prohibits suspected unlicensed business operations, it may exercise the following functions and powers;
3. Order to stop relevant business activities; Investigate and learn about the situation from units and individuals related to unlicensed business activities;
4. Enter the unlicensed business premises to carry out on-site inspections; Inspecting, copying, sealing, and seizing contracts, bills, account books, and other materials related to unlicensed business activities;
5. Sealing or seizing tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business activities;
6. Seal up unlicensed business premises that have evidence that endangers human health, has major potential safety hazards, threatens public safety, or destroys environmental resources.
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To open a company, you must have a business license, otherwise it is an illegal operation, and you will be fined at that time.
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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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Tell you, what are the consequences of starting a profitable business if the company does not have a business license?
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1. Name search (1 week) The required information shall be provided by you: 1Copies of ID cards of all investors (if the investor is a company, a copy of the business license is required) 2
The amount of registered capital and the investment amount of all investors 3The name of the company (preferably more than 5) and the approximate business scope of the company. After the name search information is ready, it will be accepted by the relevant department, and the required procedures for the name search will be completed by the relevant department, and you will be notified in advance after the name search is passed, and a set of seals (company seal, financial seal, legal person chapter, shareholder seal) and a bank confirmation letter will be issued.
2. Capital verification (can also be handled by us) You go to the nearest bank to go through the registered capital entry procedures with the name check approval form, bank confirmation letter, and a set of seals, and then receive the investor's payment form and statement from the bank, and the bank confirmation letter will be directly couriered by the bank to the accounting firm, and then the accounting firm will handle the capital verification report. After the capital verification is passed, 2 capital verification reports will be issued. The capital verification must be completed by you, and you will bear the relevant responsibilities if you entrust another institution to handle it, please refer to Chapter 12 of the New Company Law for legal liability.
3. Signature (that is, it will be completed) You bring your ID card to the industrial and commercial office to sign, and the industrial and commercial office will pass after verification. The signature needs to be present in person, and the signature will take effect after being confirmed by the personnel of the industrial and commercial office, and the business license can be applied for after the signature is passed. 4. Apply for a business license (it takes 2 weeks) The required materials are for your reference only, and all information is provided by the relevant departments
1.Application for Establishment of Company signed by the chairman or executive director of the company; 2.Power of attorney for the company to apply for registration; 3.
Resolution of the shareholders' meeting; 4.Resolutions of the Board of Directors; 5.Resolutions of the Board of Supervisors; 6.
Constitution; 7.Certificate of legal personality or identity of natural person of the shareholder or promoter; 8.Proof of appointment of directors, supervisors, managers, chairmen of the board of directors or directors; 9.
Copies of ID cards of directors, supervisors and managers; 10.Capital verification report; 11.Proof of use of residence (rental agreement, title certificate); 12.
In the company's business scope, it is a project that must be submitted for approval according to laws and regulations, and the approval documents of the department must be submitted. After the information is complete, all the procedures shall be completed by the relevant departments, and the original and copy of the business license and the electronic business license will be issued after the approval of the industrial and commercial bureau, and then the industrial and commercial office process will be completed. The following is the process of the Technical Supervision Bureau: Apply for the organization certificate (it takes 1 week) The procedures and required information for this step are provided and completed by the relevant departments, and go to the Quality Supervision Bureau to apply for the organization certificate, and the quality supervision bureau process ends after the original and copy of the certificate and the **card are issued.
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If you do not have a business license, you will not be able to open a business, and if you do open a business, you must close the business for rectification, and you must apply for a business license before you can open your business; Opening a store without a business license is an unlicensed operation, and the industry and commerce has the right to deal with it and impose a fine.
If the unlicensed business operation is discovered by the industrial and commercial department, it will be notified orally or in writing to stop the unlicensed business operation and the business can only be opened after the business license is completed; In serious cases, a case will be filed and punished.
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Hello answer, I have seen your question and am sorting out the answer, please wait a while What do you mean by nothing, there are business stores, and you can also apply for a business license if you rent a house. Conditions for applying for a self-employed business license:
1) A copy of the store's real estate certificate must be prepared (it is a rented house, and the rental agreement is also required).
2) A number of copies of the ID card, a number of one-inch **.
3) Go to the local industrial and commercial office to apply for a business license.
4) Then go to the tax office to apply for the tax registration certificate, and now it seems that you still have to do the industry ** certificate, in the quality inspection bureau.
5) After getting the tax registration certificate, apply for invoices, and there are two types of invoice applications: first, according to the tax method, that is, the same tax amount is paid every month regardless of whether there is a turnover or not; The second is to pay taxes at a monthly rate based on the amount invoiced.
6) The whole process is about 500 yuan, and the time is about 15 to 30 days, which varies from place to place.
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[Legal Analysis].If you don't want to cancel it, then you will have an annual inspection, if you don't open it, there is no cancellation, and there is no annual inspection, and the Industrial and Commercial Bureau will automatically revoke your business license.
If you do not plan to open a company in the future, in fact, there is no need to go through the cancellation procedures, because if the business license is not inspected every year, the company's license will be automatically cancelled. In addition, if the company no longer files tax returns, the tax office will also suspend the company's tax registration certificate. However, the consequence of this is that you will no longer be eligible to become a corporate legal person for three years, and you will not be able to return to normal after three years.
[Legal basis].Article 211 of the Company Law of the People's Republic of China Where a company fails to commence business for more than six months without justifiable reasons after its establishment, or suspends business for more than six consecutive months after commencing business, its business license may be revoked by the company registration authority.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
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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You can't do business without a business license. You have to have a business license to do business. There are several reasons for this:
1.The business license is the only document confirming the qualification of the business operator as a market entity, and only with the license can the market business activities be carried out.
2.The legal basis is Article 2 of the Regulations on the Registration and Administration of Individually-Owned Industrial and Commercial Households: Citizens with the ability to operate shall register with the administrative department for industry and commerce, obtain a business license for individually-owned industrial and commercial households, and carry out business activities in accordance with the law.
3.According to the law, a person who is not registered and has not obtained a license is illegally carrying out business activities.
4.It is advisable to get a license as soon as possible and operate legally.
Precautions for Business License:
1.Definition of business license: It 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 registration items are: name, address, person in charge, amount of funds, economic components, 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.
2.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 advertise, and banks are not allowed to open accounts.
3.The original and duplicate of the business license have the same legal effect and are not different in substance. If you talk about the difference, it's just the form of appearance.
In terms of use, the original "must be hung" in a conspicuous place on the business premises, otherwise you may be penalized for not hanging the license; The copy is generally used to handle business outside, such as: bank account opening permit, enterprise organization certificate, tax registration certificate, signing a contract, etc.
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If you don't want to cancel it, then the annual inspection, if you are not in business, there is no cancellation, and there is no annual inspection, the industrial and commercial bureau will automatically revoke your business license.
Consequences of not canceling the business license of individual industrial and commercial households:
1. Enter the industrial and commercial blacklist.
If the business license is not reviewed for one year, the industrial and commercial bureau will automatically revoke the license and make the legal person and shareholders an abnormal blacklist. It cannot be used as a corporate legal person for three years.
2. Tax inspection and tax payment.
If the company has a turnover, but there is no tax payment certificate in the tax department, and there is an outstanding tax payable, there will be a late fee, and the current standard is 5/10,000 per day. This does not exist if the individual pays a fixed rate tax every month.
3. The special account of the company opened by the bank shall be reviewed every year and the management fee shall be paid, if it is not cancelled, the bank may include the legal person in the credit blacklist, which will have an impact on the credit rating of the legal person, and have a certain impact on the purchase of a car, a house or immigration abroad after the payment.
[Legal basis].
Company Law of the People's Republic of China (2018 Revision).
Article 207.
Legal Responsibility for Illegal Conduct of Asset Appraisal, Capital Verification or Verification Institutions] If the institution that undertakes the asset appraisal or capital verification or verification provides false materials, the company registration authority shall confiscate the illegal income and impose a fine of not less than one time but not more than five times the illegal income, and may be ordered by the relevant competent department to suspend business, revoke the qualification certificate of the directly responsible personnel, and revoke the business license.
If the institution undertaking asset evaluation, capital verification or verification provides a report with major omissions due to negligence, the company registration authority shall order it to make corrections, and if the circumstances are more serious, it shall be fined not less than one time but not more than five times the income obtained, and the relevant competent department may order the institution to suspend business, revoke the qualification certificate of the directly responsible personnel, and revoke the business license.
If the institution undertaking the asset appraisal, capital verification or verification causes losses to the company's creditors due to the untruthfulness of the appraisal results, capital verification or verification certificates issued, it shall be liable for compensation within the scope of the amount of the appraisal or verification that it is not at fault, in addition to being able to prove that it is not at fault.
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Apply for one, or under the name of a license, for its branch branches.
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Go get a business license! Now it is very convenient to go through the business license procedures, if you don't want to do it, you can be attached, but there are more sequelae of unfamiliar people, and now the management is getting stricter and stricter, and the gains of operating without a license outweigh the losses.
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The business license can be handled by the Industrial and Commercial Bureau, and the materials required for the business license of the self-employed (a copy of the operator's ID card, the store rental contract, the real estate certificate is not a contract in their own name, a copy of the storefront housing certificate, and the neighborhood committee without the real estate certificate has a certificate, and the business is **, not the business is handled by himself to handle a power of attorney and a copy of the ID card of the operator) snacks, breakfast, drinks, and meals should be checked on the spot.
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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