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Is it okay if the name on the business license is different from the name on the contract?

Yes

Business license change procedure:

Materials required to change the business period and shareholder name: fill in the "Company Change Registration Application" signed by the company's legal representative "; fill in the "Certificate of Designated Representative or Authorized Agent" signed by the company; resolution or decision of the shareholders' meeting.

If the names on the "Business License" and the "Tax Registration Certificate" are different, the operator should promptly go to the tax department to apply for change registration procedures.

The "Tax Collection and Management Law" clearly stipulates that if the registered items in the "Business License" are changed, operators must promptly apply to the tax department to go through the relevant change procedures.

Article 16 of the "Tax Collection and Administration Law" stipulates that "taxpayers engaged in production and business operations, if the content of tax registration changes, within thirty days from the date of change registration with the industrial and commercial administrative authority or Before applying to the industrial and commercial administrative authorities for deregistration, apply to the tax authorities for changes or deregistration with relevant certificates." Starting from March 1, 2019, a new version of the business license will be launched nationwide. Various market entities that have been approved by the registration authority to establish, change registration, and reissue business licenses will be issued a new version of the business license. Various market entities that previously existed can continue to use the original business license or apply for a new version of the business license.

The new version of the business license will be printed with the national emblem, border, title (business license), the website of the National Enterprise Credit Information Disclosure System, the official seal of the registration authority, the year, month and day, supervision by the State Administration for Market Regulation, etc., and the printing will be unified Social credit codes and numbers, names and contents of recorded matters, QR codes, etc., with copies printed face-to-face with annual report reminders.

Like information

In December 2018, the State Administration for Market Regulation issued a notice deciding to launch a new version of business licenses nationwide starting from March 1, 2019. In the future, various market entities that have been approved by the registration authority to establish, change registration, and reissue business licenses will be issued new business licenses. Various market entities that previously existed can continue to use the original business licenses or apply for a new business license

First of all, you must distinguish the name of the business license from the name of the legal representative.

A business license is a certificate issued by the industrial and commercial administration authority to industrial and commercial enterprises and individual traders allowing them to engage in certain production and business activities. Its format is uniformly stipulated by the State Administration for Industry and Commerce.

The registration matters are: name, address, person in charge, amount of funds, economic composition, business scope, business method, number of employees, business period, etc. The business license is divided into original and duplicate, both of which have the same legal effect. The original copy shall be placed in a conspicuous place at the company's residence or business premises, and the business license shall not be forged, altered, rented, lent or transferred.

Industrial and commercial enterprises or self-employed individuals without a business license are not allowed to open their business. They are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements. They are not allowed to open bank accounts.

Legal representative and legal representative are two different legal concepts.

Legal representative can also be called the authorized representative of the legal person. This representative can be A or B. He is not fixed, but depends on the authorization of the legal person. This authorization can be authorized on a case-by-case basis. It can also be a blanket authorization.

The legal representative must be the person in charge of the legal person organization and be able to exercise powers on behalf of the legal person. The "General Principles of Civil Law" stipulates: "In accordance with the provisions of the law or the articles of association of a legal person, the person in charge who exercises authority on behalf of the legal person is the legal representative of the legal person."

The legal representative can be the director or manager of the factory, or It can be held by the chairman or chairman of the board of directors. This mainly depends on the provisions of the law or the articles of association. The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person in accordance with the will of the legal person. The legal representative is responsible for organizing and leading production and business activities within the enterprise; representing the enterprise externally, he has full authority to handle all civil activities.

Generally, when a contract is concluded, the official seal of the unit or the contract seal is affixed. Is the business license registered in a person's name (your sister) or in another name?

If the store name is your sister's name, then you must sign a supplementary statement with the mall after changing the business license; if your name is not in the store name, there is no need to make a separate statement in the contract.

Business license cancellation procedures

First, a liquidation team must be established to liquidate the company, and then an application for cancellation of tax registration shall be submitted to the tax authorities. After the tax department conducts an inventory of the company, it will issue a license permitting cancellation. At this time, you can go to the Industrial and Commercial Bureau to apply for company cancellation. The Industrial and Commercial Bureau will require the company to issue a liquidation announcement in the public media. If no other unit puts forward opinions on the cancellation within the specified time limit, the Industrial and Commercial Bureau will handle the cancellation procedures for you.

First go to the national tax to get the form, fill it out, sign, seal, pay the invoice, and pay the tax according to the requirements of the national tax. After that, it will take back the national tax tax registration certificate and give you a national tax tax registration cancellation notice.

Take the tax registration cancellation notice from the national tax and go to the local tax to get the form. After paying the tax, it will take back the local tax tax registration certificate and give you a local tax tax registration cancellation notice. Take two notices and close the bank account.

Take the notice to the Industrial and Commercial Bureau to get the form, and then return it to the Industrial and Commercial Bureau, which will take away the business license. (Note that before industrial and commercial deregistration, the cancellation announcement must be published in the media three times, and the sample must be submitted to the Industrial and Commercial Bureau)

Legal representative responsibilities and obligations: The legal representative of an enterprise must bear different legal responsibilities on different occasions. , various types. For example, when representing the enterprise, his or her personal signature will cause the enterprise to bear the consequences; if the enterprise goes bankrupt and bears personal liability, the legal representative will be subject to many restrictions when running another enterprise in the future; if the enterprise violates the provisions of the relevant laws ,

The legal representative may be subject to personal restrictions. For example, if the legal representative refuses to execute the court's judgment, the legal representative will be detained; if the legal person commits a crime, the legal representative will be subject to criminal sanctions, etc. The above is just a list and is not complete.

If the legal person has no defects in its establishment (such as defects in capital contribution), the liability for losses shall be borne by the legal person himself, who is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, if the legal representative has dereliction of duty, the seriousness will reach the level of criminal investigation or administrative sanctions should be imposed;

For sole proprietorships, as long as the legal person's property and personal property can be distinguished, the legal person's behavior will be exempted. No legal representative is required to bear civil liability. When a legal person in the form of a limited company is in debt, the company shall bear all its property, and no individual shareholder is required to bear it, unless there is a defective capital contribution at the time of establishment

Reference: Baidu Encyclopedia - Business License

Baidu Encyclopedia-Legal Representative