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Changing the legal person of the company without the consent of the legal person

Legal subjectivity:

Registration of changes should be made to the registration authority with jurisdiction (now called the Market Supervision Administration). Registration Procedure 1) Applicants can submit applications to the company registration authority, or by letter, telegram, telex, fax, electronic data interchange and email. If an application is made by telegram, telex, fax, electronic data interchange, email, etc., the applicant's contact information and mailing address shall be provided. 2) To apply for change registration, an application for change registration signed by the company’s legal representative should be submitted. 3) The company registration authority shall make a decision on whether to accept the application based on the following circumstances: (1) If the application documents and materials are complete and in legal form, or if the applicant submits all supplementary application documents and materials as required by the company registration authority, a decision shall be made. be accepted. (2) The application documents and materials are complete and in legal form, but if the company registration authority believes that the application documents and materials need to be verified, it shall decide to accept the application and notify the applicant in writing of the matters that need to be verified, the reasons and the time. (3) If the application documents and materials contain errors that can be corrected on the spot, the applicant shall be allowed to correct them on the spot, and the applicant shall sign or stamp the correction place and indicate the date of correction; after it is confirmed that the application documents and materials are complete and in compliance with the statutory form, it shall be decided to accept it. (4) If the application documents and materials are incomplete or do not comply with the legal form, the applicant shall be notified on the spot or within 5 days of all the content that needs to be supplemented and corrected; when notified on the spot, the application documents and materials shall be returned to the applicant; if the application documents and materials are notified within 5 days If the application documents and materials are received, the applicant shall collect the application documents and materials and issue proof of receipt of the application documents and materials. If the applicant fails to notify the applicant within the time limit, the application shall be accepted from the date of receipt of the application documents and materials. (5) For matters that do not fall within the scope of company registration or within the registration jurisdiction of this agency, an immediate decision should be made not to accept the application, and the applicant should be informed to apply to the relevant administrative agency. The company registration authority shall make a decision on whether to accept the application within 5 days from the date of receipt of the application documents and materials if the application is submitted by letter, telegram, telex, fax, electronic data exchange, email, etc. If the company registration authority decides to accept the application, it shall issue a "Notice of Acceptance"; if it decides not to accept the application, it shall issue a "Notice of Non-Acceptance", explaining the reasons for non-acceptance, and informing the applicant of the right to apply for administrative reconsideration or file a lawsuit in accordance with the law. The right to administrative proceedings. 4) For registration applications that are decided to be accepted, the registration authority shall make a decision on whether to approve registration within the prescribed time limit according to the circumstances: (1) If the application submitted by the applicant to the company registration authority is accepted, a decision on approval of registration shall be made on the spot. Decide. (2) If an application submitted by an applicant via letter is accepted, a decision to approve registration shall be made within 15 days from the date of acceptance. (3) If the application is submitted by telegram, telex, fax, electronic data exchange, email, etc., the applicant shall submit the application by telegram, telex, fax, electronic mail, etc. within 15 days from the date of receipt of the "Notice of Acceptance". Data exchange and email and other application documents and original materials that are consistent in content and comply with the legal form; if the applicant submits the application documents and original materials to the company registration authority, a decision to approve registration shall be made on the spot; the applicant submits the application documents, If the original materials are required, a decision to approve registration shall be made within 15 days from the date of acceptance. (4) If the company registration authority does not receive the original application documents and materials within 60 days from the date of issuance of the "Notice of Acceptance", or the application documents and original materials are inconsistent with the application documents and materials accepted by the company registration authority, it shall make a decision Decision not to register. If the company registration authority needs to verify the application documents and materials, it shall make a decision on whether to approve registration within 15 days from the date of acceptance. 5) If a decision is made to approve the company's change registration, a "Notice of Approval of Change Registration" should be issued, informing the applicant to renew the business license within 10 days from the date of decision; the law is objective:

"Company Law" Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the provisions of the company's articles of association and shall be registered in accordance with the law. If the legal representative of the company changes, the change registration must be carried out. Article 14 A company may establish branches. To establish a branch, one must apply for registration with the company registration authority and obtain a business license. A branch does not have legal personality and its civil liability shall be borne by the company. A company may establish a subsidiary company, which shall have legal personality and independently bear civil liability in accordance with the law.