What are the procedures required for the change of corporate legal person, provided that the previou

First of all, it is necessary to go to the notary office to notarize the legal representative who has died, and there is no need to notarize the property.

1. Application for Change of Registration of Enterprise Legal Person (with official seal of the enterprise);

2. "Certificate of Designated Representative or Co-entrusting Person" (with the official seal of the enterprise) and a copy of the ID card of the designated representative or entrusting person (signed by the person);

The specific matters to be entrusted, the authority of the entrusted person, and the period of entrustment should be indicated.

3. Registration Form of Legal Representative of Company (Enterprise) (signed by the person and stamped with the official seal of the enterprise);

4. The dismissal certificate of the original legal representative and the appointment certificate of the new legal representative issued by the competent department (investor) in accordance with the provisions and procedures of the articles of association of the enterprise;

The certificate of employment shall clearly state the appointment of the position in accordance with the provisions of the articles of association of the enterprise; If the charter stipulates that the position is vacant and the legal representative of the deputy ** is the legal representative, it shall be clearly stated in the certificate of employment that "the legal representative of the deputy ** shall be the legal representative of the deputy ** as stipulated in the charter".

5. If laws, administrative regulations and decisions stipulate that the change of legal representative must be submitted for approval, a copy of the relevant approval document or license shall be submitted;

6. A copy of the Business License of the Enterprise Legal Person.

Note: These Regulations shall apply to the application for change of registration of the legal representative of an enterprise legal person established in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons.

The application for change of registration of enterprise legal person, the certificate of designated representative or jointly entrusted person, and the registration form of the legal representative of the company (enterprise) can be obtained through ** or at the administrative organs for industry and commerce.

If the above items are not indicated to be submitted in photocopy, the original shall be submitted.

If a copy is submitted, it shall be marked "consistent with the original" and the enterprise shall affix its official seal.

Procedures for changing the death of a legal entity.

After the death of the company's legal person, the legal procedures and materials for changing the law.

1. Go to the hospital to get a death certificate.

2. After getting the death certificate, go to the local notary office to notarize the person who has died and obtain the notarization certificate.

3. Application for Change of Registration of Enterprise Legal Person (with official seal of the enterprise);

4. "Certificate of Designated Representative or Co-entrusting Person" (with the official seal of the enterprise) and a copy of the ID card of the designated representative or entrusting person (signed by the person); The specific matters to be entrusted, the authority of the entrusted person, and the period of entrustment should be indicated.

5. Registration Form of Legal Representative of Company (Enterprise) (with official seal of the enterprise);

6. The dismissal certificate of the original legal representative and the appointment certificate of the new legal representative issued by the competent department (investor) in accordance with the provisions and procedures of the articles of association of the enterprise; The certificate of employment shall clearly state the appointment of the position in accordance with the provisions of the articles of association of the enterprise;

7. If laws, administrative regulations and decisions stipulate that the change of legal representative must be approved, submit a copy of the relevant approval document or license;

8. A copy of the Business License of the Enterprise Legal Person.

After the death of the legal representative, he or she shall apply for the change of registration within 30 days from the date of the change resolution or decision.

If the legal representative dies and the company does not change, if the original legal representative is signed or stamped with the official seal of the original legal representative in the contract signed by the company in the future, there may be a possibility of contract fraud.

If the company has other matters that need to be changed by the industry and commerce, but cannot provide the same signature as the original legal representative, it is very likely that the change cannot be completed.

Regulations of the People's Republic of China on the Administration of Company Registration

Article 27 When a company applies for change of registration, it shall submit the following documents to the company registration authority:

1) Application for change of registration signed by the company's legal representative;

2) Amendment resolutions or decisions made in accordance with the Company Law;

3) Other documents required to be submitted by the State Administration for Industry and Commerce.

If the matter of the company's change of registration involves the amendment of the company's articles of association, the amended articles of association or amendments to the company's articles of association signed by the company's legal representative shall be submitted.

If the change of registration items is subject to approval before registration in accordance with the provisions of laws, administrative regulations or decisions, the relevant approval documents shall also be submitted to the company registration authority.

Article 30 If the company changes its legal representative, it shall apply for change of registration within 30 days from the date of making the resolution or decision on the change.

Legal Analysis: Yes. If the legal representative dies and the company does not change, in the contract signed by the company, if the signature is cancelled as the original legal representative, or the official seal of the original legal representative is stamped, there may be a possibility of contract fraud.

If the company has other matters that need to be changed by the industry and commerce, but it is unable to provide the same signature as the original legal representative, it is very likely that the change cannot be completed.

Legal basis: Article 179 of the Company Law of the People's Republic of China If a company merges or separates and the registration items are changed, it shall go through the registration registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the deregistration of the company in accordance with the law; If a new company is established, the company establishment registration shall be completed in accordance with the law. If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.

1. Do I need to go to the legal person in person to change the legal person?

The change of legal person does not need to be handled by the legal representative himself, but can be handled by the company's employees with the corresponding materials to the industrial and commercial bureau. If there is a newly appointed legal representative, the original ID card needs to be presented at the time of processing. The change of legal person requires a series of processes and procedures, which require the signature of each person, and the legal representative is not present and the other person can also handle the ID card, relevant documents and power of attorney of the legal person.

2. What are the assets of a legal person?

1. The legal person has the right to accept the investment property of all investors (at the beginning of the establishment of the legal person, it can also be said that the types of property rights of the legal person depend on what kind of property the investor invests).

2. The legal person has the right to register the accepted investment property in the name of the legal person.

3. Have the right to operate the property in the name of a legal person.

4. It has the right to bear the civil liability of the legal person with the investment property accepted and the future accumulation of the legal person, that is, all the property under the name of the legal person.

The property rights of legal persons refer to the property rights owned by legal persons. It mainly refers to the right of an enterprise legal person to accept investment and conduct business, and the results of operation shall be borne by the investor. The property rights of legal persons come from investors.

The purpose of an investor's investment in an enterprise legal person is to make a profit, and it is to hand over the property to the legal person for operation and bear civil liability, rather than giving the property to the enterprise legal person, so the property right of the legal person is a right of limited authorization. The right granted to a legal person is the property right of the legal person, and if it is not granted, the right to be retained in one's own hands is the equity of the investor.

3. Can a legal person be an individual?

A legal person cannot be an individual. A legal person is an organization that has the capacity for civil interests and civil conduct, and independently enjoys civil interests and bears civil obligations in accordance with the law.

1. A legal person is not a person, but a kind of social organization, a kind of aggregate, and a collection of organizations that is endowed with legal personality by law. This is the fundamental difference between a legal person and a natural person. It can be a collection of individuals or a collection of property.

Where they do not appear in the name of an organization aggregate as a civil entity, they cannot be legal persons.

2. Have the capacity for civil interests and civil conduct. It can enjoy and exercise civil interests in its own name and through its own actions, and create and assume civil obligations. A legal person's capacity for civil rights and civil conduct arises from the time of the establishment of the legal person and ends with the termination of the legal person.

3. Independently enjoy civil benefits and bear civil obligations in accordance with the law. It has its own independent benefits, and can independently enjoy benefits and assume obligations in its own name.

4. Bear civil liability independently. Whether or not civil liability can be borne independently is an important indicator that distinguishes a legal person organization from other organizations.

Legal Analysis:1It is necessary to go to the notary office to change the speed to notarize that the legal representative has died; 2.

Go to the industrial and commercial bureau to change the business license of the enterprise; 3.to the Quality Supervision Bureau to change the organization of the ** certificate; 4.Alteration of tax registration certificate by tax authorities; 5.

Go to the opening bank to change the name of the legal representative.

Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

The following process is required to change the legal person after the death of the company:

1. Go to the notary office to notarize the legal representative who has died;

2. Go to the industrial and commercial bureau to change the business license of the enterprise;

3. Go to the Quality Supervision Bureau to change the organization ** certificate;

4. Change of tax registration certificate by tax authorities;

5. Change the name of the legal representative at the opening bank. Noisy.

A corporate legal person refers to an enterprise organization established in accordance with the Company Law, which has independent property, can enjoy civil rights and bear civil obligations in its own name, and bears civil liability for the company's debts with all its own property. The characteristic of a corporate legal person in China is that it is established by a legal act by a contributor or shareholder; for profit; There is no restriction on the founder, and it can be a state-owned property authorized investment or business unit, other types of legal persons and individuals, etc.

The classification of corporate legal persons is as follows:

1. Limited liability company: Shengdongfeng In China, limited liability companies include ordinary limited liability companies, one-person limited liability companies and wholly state-owned companies. An ordinary limited liability company is a limited liability company established with capital contribution from more than 50 shareholders; A one-person limited liability company refers to a limited liability company with only one natural person shareholder or one legal person shareholder; A wholly state-owned company refers to a limited liability company funded by the state alone and authorized by the local people to perform the duties of the investor by the state-owned assets supervision and administration agency at the same level.

2. Shares: China's shares include two types: those initiated and established. Initiation refers to the establishment of a company by the promoter subscribing for all the shares to be issued by the company; Offering and establishment refers to the establishment of a company by the promoter subscribing for a part of the company's shares to be issued, and the remaining shares are publicly raised to the public or raised to specific objects.

Company Law of the People's Republic of China

Article 13 The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Provisions on the Administration of the Registration of Legal Representatives of Enterprise Legal Persons

Article 6 An enterprise legal person applying for a change of registration of its legal representative shall submit the following documents to the original enterprise registration authority:

1) The dismissal document of the original legal representative of the enterprise;

2) The appointment documents of the new legal representative of the enterprise;

3) An application for change of registration signed by the original legal representative or the proposed legal representative.

1. The deceased legal representative has no equity in the company, but only serves as the legal representative of the company. Submit the application form, the shareholder resolution signed by all shareholders, the appointment document of the new legal representative, the original and copy of the ID card of the new legal representative, and the original and copy of the ID card of the entrusted agent to the local industrial and commercial bureau; The new legal representative can go to the industrial and commercial bureau to take a photo. 2. The deceased legal representative is a shareholder of the company, that is, he owns the equity of the company.

1) Apply to the local notary office and issue a notarial certificate; (2) The original and copy of the heir's ID card; (3) The original and photocopy of the ID card of the new legal representative; (4) Submit the notarial deed, the original and copy of the heir's ID card, the application for company registration (filing), the shareholder resolution signed by all shareholders, and the documents of the new legal person's representative and balance form to the local industrial and commercial bureau; The original and photocopy of the ID card of the new legal representative and the original and photocopy of the ID card of the entrusted agent; The new legal representative and the heir can go to the industrial and commercial bureau to take a photo, if the original company was registered before March 2014, the articles of association of the company need to be provided.