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In this case, a company is registered with a contribution in kind. The Company Law stipulates that the assets used for capital contribution must be owned and controlled by the company. If your friend wants to use your house to make a contribution, because he does not have a valid certificate of ownership that can prove his own property, it is difficult to use it to contribute capital if the property is not in his name.
According to what you said, is it that your friend wants to use your property as collateral or something.
You should note that no matter what kind of property, as long as the capital is registered in the company, it becomes the company's property, and it is naturally very risky to be linked to the company's operating profit and loss. If he breaks the law, of course, he may endanger the property that is the property of the company.
According to what you say, that's all. Hope it helps! At the same time, I hope you can find a good way to solve the problem.
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Generally, there will be no risk, but if you want to register a company later, you can't use it, in addition, now the company's registered address is charged on an annual basis, so it is necessary for him to use your address to give you a certain fee, if you don't give it, you have every reason not to let him use your address. You can search online for the specific situation (company transfer process) There is a lot of information about this that you can look up. Generally, there will be no risk, but if you want to register a company later, you can't use it, in addition, now the company's registered address is charged on an annual basis, so it is necessary for him to use your address to give you a certain fee, if you don't give it, you have every reason not to let him use your address.
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It doesn't hurt. Do not worry.
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There is a tax risk.
First, it has an impact on the re-leasing of the house or the registration company, after the expiration of this lease or the tenant is not in good operation and loses contact, because the address of the company registered with this property has not changed, if the tenant also needs to use the house registration company, it cannot be handled;
Second, there is a tax risk, after the registration of this address of the house registration, the housing information will be filed with the industrial and commercial departments, and it is necessary to declare and pay taxes according to law to meet the tax payment standards, otherwise it will be suspected of evading the law of tax collection and management;
Thirdly, if the tenant uses the leased premises to start a company, if the operation is suspected of violating the law, and there are illegal acts in the rented premises (such as allowing others to take drugs, pyramid schemes, harboring criminals, etc.), the landlord may have to bear the corresponding legal liabilities;
Fourth, the improper use of the house, the abuse of the house, such as changing the agreed use, or making unauthorized modifications, etc., will bring unexpected risks to the landlord. Therefore, the landlord should supervise the tenant not to engage in illegal acts. Additional Information:
To handle the registration and filing of housing lease, the parties to the housing lease shall submit the following materials:
1) Housing lease contract;
2) The identity certificate of the party to the housing lease;
3) Housing ownership certificate or other legal ownership certificate;
4) Other materials stipulated by the competent departments of people's construction (real estate) of municipalities directly under the Central Government, cities and counties.
The materials submitted by the parties to the housing lease shall be true, legal and valid, and shall not conceal the true situation or provide false materials.
For those who meet the following requirements, the competent departments of construction (real estate) of the municipalities directly under the Central Government, cities and counties shall handle the registration and filing of housing leases within three working days, and issue a certificate of registration and filing of housing leases to the parties to the lease:
1) The application materials submitted by the applicant are complete and conform to the statutory form;
2) The lessor is consistent with the subject recorded in the house ownership certificate or other legal ownership certificate;
3) Houses that are not allowed to be rented out as provided for in Article 6 of these Measures.
If the application materials submitted by the applicant are incomplete or do not conform to the statutory form, the competent department of construction (real estate) of the people's government of the municipality directly under the Central Government, city or county shall inform the parties to the housing lease of the content that needs to be supplemented and corrected. The house with the company's registered address can be leased or owned, but there must be a property right certificate, which includes: real estate certificate, commercial housing sales contract, village committee certificate, land use certificate, demolition and resettlement agreement, etc.
Whether you rent or own a house, the industrial and commercial department must require a certificate of ownership of the house when it is registered for industry and commerce. Therefore, if you are renting an office space, you must provide proof of ownership from the landlord. Policies vary from place to place
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Renting a house to someone else to register a company will have the following effects.
First, it has an impact on the re-leasing of the house or the registration of the company Second, there are tax risks Third, the tenant uses the rented house to start a company, such as the operation is suspected of being illegal Fourth, the improper use of the house, the abuse of the house, such as changing the agreed use, or renovating it without permission, etc., will bring unexpected risks to the landlord.
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Renting a house to someone else to register a company is just a house lease relationship, and the company's loan liabilities have nothing to do with you.
However, if you know that you are engaged in illegal business and lease it to him, you will be jointly and severally liable, and the housing lease contract must first be written.
The company of the tenant of the house cannot affect the life of the surrounding residents, engage in legitimate and legal business, and the creditor's rights and debts in the operation have nothing to do with your rental house, but one of the emphasis is that you cannot mortgage the rental house for the company, otherwise you will also be implicated.
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There is no direct impact, the normal rental contract is documented! The only impact is whether the other company operates legally and compliantly and applies for a formal business license. MLM will have penalties for the owner.
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If you don't have any other waiver of liability, it's easy to be sued by someone else, or if any dispute arises, it's easy to be enforced.
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The real estate certificate and someone else registered the company, I think this must be clearly written in the contract, otherwise the partner runs away, then your house will be gone.
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Generally speaking, it doesn't have any effect.
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If you have a lease contract with him, you will have to pay taxes, so you can ask the local housing rental management office.
No problem, he moved away and you can go to the rental office to cancel the lease contract with him.
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Summary. What effect does someone else have on me to register a company with my house.
Hello dear, glad to answer for you. If the friend's company operates legally, it will have little impact on the homeowner himself; 2. If a friend engages in illegal business activities, he will definitely find a registered address, which is to provide convenience for illegal acts and is jointly and severally liable.
<> friends company may be punished as follows: 1. After investigation and punishment by the administrative department for industry and commerce, it may be fined between 10,000 yuan and 100,000 yuan; 2. Administrative penalties such as accepting warnings, registering within a time limit, ordering business suspension for rectification, withholding business licenses or even revoking business licenses; 3. If the enterprise is involved in litigation matters and files a lawsuit against the corporate 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.
The steps to register a company are as follows: 1. Name verification: With the "Application Form for Pre-approval of Enterprise (Font Name) Name", fill in the name of the company to be taken on the spot, and search whether there is a duplicate name on the intranet of the Industrial and Commercial Bureau. 2. Rent a house and sign a rental contract; 3. Prepare the "Articles of Association":
On the sample of the good "Articles of Association" of the Industrial and Commercial Bureau, it is enough to amend it. The articles of association must be signed by all shareholders at the end (if you are unable to be present, you can authorize the agency company to handle it on your behalf); 4. Engrave the private seal: go to the engraved company to engrave the private seal of the legal person (square), (the engraved seal needs to be designated by the Public Security Bureau); 5. Registered company (industrial and commercial registration):
Go to the industrial and commercial bureau to obtain all kinds of company establishment registration, including the application form for establishment registration, the list of shareholders (promoters), the supervision of directors and managers, the registration form of legal representatives, and the registration form of designated representatives or entrusted persons.
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Legal Analysis: Depends on the circumstances. If it is leased to someone else as office space, it generally has little impact, but if it is used as the company's registered capital, the company may be seized when it has debts.
Legal basis: Company Law of the People's Republic of China
Article 7 A business license shall be issued by the company registration authority for 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.
Article 26 The registered capital of a limited liability company shall be the amount of capital contribution subscribed by all shareholders registered with the company registration authority.
Where laws, administrative regulations and decisions have other provisions on the paid-in registered capital and the minimum amount of registered capital of a limited liability company, such provisions shall prevail.
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Legal analysis: if you are engaged in normal and legal business activities, there will be no adverse impact on the house.
Legal basis: Regulations of the People's Republic of China on the Registration and Administration of the People's Republic of China
Article 9 The registration items of the company include: (1) name; (2) domicile; (3) The name of the legal representative; (4) Registered capital; (5) the type of company; (6) Scope of business; (7) The period of operation; (8) The name or title of the shareholder of the limited liability company or the promoter of the shares.
Article 12 The domicile of the company is the location of the company's main office. 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.
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Legal Analysis: This case is a registered company with in-kind contributions.
The Company Law stipulates that the assets used for capital contribution must be owned and controlled by the company.
If a friend wants to use the house to make a contribution, because he does not have a valid certificate of real estate that can prove his own property, it is difficult to use it to contribute capital if the real estate is not in his name.
According to the situation, is it the property that the friend wants to take as collateral or something.
It should be noted that no matter what kind of property, as long as the company is registered, it becomes the company's property, and it is naturally very risky to be linked to the company's operating profits and losses.
If he breaks the law, of course, he may endanger the property that is the property of the company.
Legal basis: Article 6 of the Company Law of the People's Republic of China To establish a company, it shall apply to the company registration authority for establishment and registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
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Hello, there is a tax risk.
First, it has an impact on the re-leasing of the house or the registration company, after the expiration of this lease or the tenant is not in good operation and loses contact, because the address of the company registered with this property has not changed, if the tenant also needs to use the house registration company, it cannot be handled;
Second, there is a tax risk, after the registration of this address of the house registration, the housing information will be filed with the industrial and commercial departments, and it is necessary to declare and pay taxes according to law to meet the tax payment standards, otherwise it will be suspected of evading the law of tax collection and management;
Thirdly, if the tenant uses the leased premises to start a company, if the operation is suspected of violating the law, and there are illegal acts in the rented premises (such as allowing others to take drugs, pyramid schemes, harboring criminals, etc.), the landlord may have to bear the corresponding legal liabilities;
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Summary. Hello dear! Legal basis:
Article 60 of the Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons shall impose the following penalties on enterprises and business units that have committed the following acts, which may be imposed separately or concurrently: (2) Where the true situation is concealed or falsified when applying for registration, in addition to being ordered to provide the true information, depending on the specific circumstances, a warning shall be given, the illegal gains shall be confiscated, and a fine of less than 3 times the amount of the illegal gains shall be imposed, but the maximum shall not exceed 30,000 yuan, and if there are no illegal gains, a fine of not more than 10,000 yuan shall be imposed. Where upon review they do not meet the requirements for enterprise legal persons or business conditions, their business licenses shall be revoked.
Where a business license is obtained by fraud by forging documents, the illegal gains shall be confiscated and a fine of not more than 3 times the amount of the illegal gains shall be imposed, but the maximum shall not exceed 30,000 yuan, and where there are no illegal gains, a fine of up to 10,000 yuan shall be imposed and the business license shall be revoked.
Hello dear! Answering the question of registering a company with someone else's residence: It is an illegal act, and it is recommended to complain to the Industrial and Commercial Bureau.
Hu Chunshen can complain to the industrial and commercial bureau about the other party, but he must pay attention to retaining the evidence, and at the same time prove that it is not himself or his employees who lend this situation.
Hello dear! Legal basis: Article 60 of the Regulations of the People's Republic of China on the Registration of Enterprises and Business Persons shall impose the following penalties on enterprises and business units that have the following acts, which may be imposed separately or concurrently:
2) Where the true situation is concealed or falsified when applying for registration, in addition to being ordered to provide the true information, depending on the specific circumstances, a warning is given, the illegal gains are confiscated, and a fine of not more than 3 times the amount of the illegal gains is imposed, but the maximum is not more than 30,000 yuan, and where there are no illegal gains, a fine of not more than 10,000 yuan is imposed. Where upon review they do not meet the requirements for enterprise legal persons or business conditions, their business licenses shall be revoked. Where a business license is obtained by fraud by forging documents, the illegal gains shall be confiscated and a fine of not more than 3 times the amount of the illegal gains shall be imposed, but the maximum shall not exceed 30,000 yuan, and if there are no illegal gains, a fine of not more than 10,000 yuan shall be imposed and the business license shall be revoked.
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