How to rectify the qualification stripping? The detailed process of qualification divestiture and tr

Hello,1. Under what circumstances do construction enterprises need to be stripped of qualifications?

1 Qualification transfer required.

When transferring the qualification construction qualification, it cannot be transferred separately, and the construction qualification must be linked to the construction company, either as a whole or as a divestment. Of course, it is also possible to establish equity relationships between companies and then carry out qualification divestitures.

2 A branch office needs to be established.

2. Carry out the qualification stripping steps based on reason 1

1 Find the right qualification for your needs.

The developed modern Internet can find the qualifications being transferred and meet their own needs through various methods such as the Internet and intermediaries, it is necessary to investigate whether the qualifications have expired, whether to carry out the annual inspection of qualifications, etc., in order to prevent the transfer of qualifications and find that they can not be used!

2. Negotiate and determine the transfer of qualifications.

After understanding, choose a company suitable for its qualifications to negotiate and negotiate, negotiate the transfer of qualifications (qualification stripping transfer), transfer fees, payment methods, etc., and determine them in a legal form to protect the rights and interests of both parties, but pay attention to the signing process and carefully check the terms.

3. The transferor divests the qualification.

The company holding the construction qualification (parent company) establishes a wholly owned subsidiary in the form of wholly owned property in a specified geographical area, and then divests its qualification in accordance with the relevant documentation procedures.

4. Subsidiaries handle changes.

The matters that must be handled to handle the change of the subsidiary are the change of the company's legal person, which should be applied to the original approval agency, and only the company's legal person will be changed, which is the real transfer of construction qualification in a legal sense. Of course, you can also change the company name according to the buyer's needs, change the tax at the same time as the legal person of the company, and pay the relevant taxes. This is what must be involved in the transfer of qualifications such as corporate income tax, personal income tax and stamp duty.

5 Transfer of Qualifications.

The change of qualification to the construction department is still the change of the company's legal person.

3. Perform the qualification stripping steps based on reason 2

1 Business process.

The original company controls 100% of the shares, establishes a wholly-owned subsidiary or an independent subject company (to prevent debt disputes), and establishes an equity relationship.

2 Qualification stripping procedures.

The original company spun off its qualifications to a subsidiary.

3 Industrial and commercial procedures.

The original company transfers the equity to the legal person of the subsidiary, that is, a change of business license, so that the subsidiary is the qualification acquisition company. The last step is the merger of the acquiring company, the merger of the subsidiary and the acquiring company, and the complete completion of the qualification divestiture.

Now Sichuan's qualifications are stripped at about 5 million.

The process of qualification divestiture mainly includes:

1. First of all, it is necessary to set up a branch, and the qualification company will hold 100% of the establishment of a wholly-owned subsidiary (the acquisition of the qualification party out of the legal person).

2. Qualification stripping. The qualification company shall sort out the information and report to the Ministry of Housing and Urban-Rural Development for qualification stripping, and the qualification will be stripped to the subsidiary.

3. Equity change. After the completion of the qualification divestiture, the original qualification company will transfer all the equity to the subsidiary legal person, and the business license will be changed.

4. Absorption and merger. The subsidiary and the transferee's company merge and the divestiture is completed.

Qualification divestiture is also called qualification separation, that is, the construction qualification owned by the parent company is separated. It is equivalent to the establishment of a subsidiary or an independent main company by a company with construction qualifications, and then the qualification division is carried out after the completion of the leakage. After the completion of the qualification distribution town, the newly established subsidiary or main company and the parent company shall be changed, and the qualification shall be divested after the completion of the change, and the divested construction qualification shall belong to the newly established subsidiary or main company, and then the company and qualification legal person shall be changed.

Legal basis

Article 66 of the Construction Law of the People's Republic of China If a construction enterprise transfers or lends a qualification certificate or otherwise allows others to contract projects in the name of the enterprise, it shall be ordered to make corrections, confiscate illegal gains, and impose a fine, and may be ordered to suspend business for rectification and reduce the qualification level; where the circumstances are serious, the qualification certificate is revoked. For the losses caused by the contracted project not meeting the specified quality standards, the construction enterprise and the unit or individual using the name of the enterprise shall be jointly and severally liable for compensation.

Legal analysis: 1. Establish a sub-parent company, and the company that receives the qualification is a wholly-owned subsidiary, and intends to acquire the company to become the parent company; 2. The application of the construction department in the place where the parent company is registered, and the qualifications are divided into bridges; 3. Receive a letter of division; 4. With the letter of division, go through the settlement procedures; 5. Change the equity of the subsidiary and finish.

Legal basis: Company Law of the People's Republic of China

Article 175 The company is divided, and its property is divided accordingly. In the case of a company division, a balance sheet and a list of assets shall be prepared. The company shall notify the creditors within 10 days from the date of making the resolution on the division, and make an announcement in the newspaper within 30 days.

Article 176 The debts of the company before the division shall be jointly and severally liable by the company after the division. However, unless otherwise agreed in the written agreement between the company and the creditor on the repayment of debts before the division.