Will I be responsible for the rental costs of the previous building after the change of legal entity

If the registered legal representative and the person who actually exercises the rights of the legal representative are not the same, there is a certain risk for both the company and the registered legal representative.

It is necessary to convene a shareholders' meeting, and after the shareholders' meeting votes and agrees, the "Shareholders' Meeting Resolution" is signed and sealed.

Submit the "Resolution of the Shareholders' Meeting" to the Industrial and Commercial Bureau of the place where the company is registered.

The cost of changing the legal person can be divided into two types: one of which is that the legal person does not occupy shares: the change fee can be solved by 1,800; its species.

Legal person occupies shares: If the legal person occupies the company's shares, it will involve the issue of equity, and it is necessary to do equity transfer, and there are two major heads in the cost of work

One is stamp duty, according to the registered capital of 5/10,000 charges, and the other is personal income tax, it has two ways to charge, if it is a flat transfer, the fee is 5/10,000 of the registered capital, if it is a difference transfer, the fee is 20/10,000 of the registered capital.

Under normal circumstances, the change of legal person can be completed in only two weeks, one week can be made with the industrial and commercial bureau, and another week can be formally processed. When it comes to equity transfers, the change cycle may be flexible.

Procedure for the replacement of legal representatives.

According to the provisions of the Company Law, the chairman of the board of directors of the company is the legal representative of the company, and the term of office of the directors will not exceed three years, and the specific selection method will be stipulated by the articles of association of the company.

If the articles of association stipulate the term of office of a director, he or she may not be removed from office without cause before the expiration of the term of office.

If there is no fixed term of office or the directors fail to perform their duties during the term of office, a shareholders' meeting or an extraordinary shareholders' meeting may be convened and the directors may be replaced.

If a board of directors is established, the chairman of the board of directors will be elected by the board of directors, and if a board of directors is not established, the legal representative will be replaced by the replacement of the executive director.

Shareholders' meeting After the board of directors forms a resolution, it will go through the registration procedures for the change of the articles of association and the legal representative in accordance with the law.

It depends on the contract they changed before.

Before the change, the legal person is responsible for the previous factory lease costs, and after the change, it does not need to bear any responsibility.

If it had been him before, he would have been responsible.

Isn't this a clause that should be specified in the change contract? These issues should have been clarified long ago when the legal person was changed and handed over.

According to the law, this needs to be responsible.

Summary. The sale does not break the lease, that is, during the existence of the lease relationship, even if the owner transfers the leased object to another person, it will not have any impact on the lease relationship, and the buyer cannot deny the existence of the original lease relationship and demand the lessee to return the leased object on the grounds that it has become the owner of the leased thing. If the lessor does not raise any objection, the original lease contract will continue to be valid, and the lease term will become indefinite.

At the end of the lease term, the tenant has the right of first refusal on the same terms.

If the lessor changes the leased factory in the middle of the building, what procedures should the lessor take?

Hello, I am a partner lawyer of the platform and have received your question.

The sale does not break the lease, that is, during the existence of the lease relationship, even if the owner transfers the leased object to another person, it will not have any impact on the lease relationship, and the buyer cannot deny the existence of the original lease relationship and demand the lessee to return the leased object on the grounds that it has become the owner of the leased thing. And when the lease term expires, the lessee can still continue to use the leased property, if the lessor does not raise an objection, the original lease will continue to be valid, and the lease term becomes indefinite. When the lease term expires, the tenant has the right to give priority to the lease on the same credit terms.

If the owner of the factory you rented by Sakura Nakaga has changed now, their sale will not affect your continued rental of the factory, and you will keep your rental agreement, and if you can, sign a new lease agreement with the owner of the new factory.

If I pay rent to a new lessor, do I need the other party to provide an explanation of the change of the lessor?

You can check the ownership certificate of the change of ownership of this factory, and ask Qinru to give you a copy of the socks, or you can tell Shousui to check it.

Thank you, Mr. Han.

If the other party wants to use the company's business license, it is not a simple factory rental, but the company's management rights are handed over to the other party.

If the other party wants to change the legal representative, should it change the shareholder? If the shareholders also change, the original shareholders and investors will effectively lose ownership of the company.

If the shareholders do not change, but only change the legal representative, it generally does not affect the rights of the original investors to the company, but it is also a very risky thing to give the right to operate the company to the other party.

It is advisable to be cautious, and it is best to bring detailed information to a lawyer to analyze the benefits and disadvantages in detail.