The difference between the legal person and the person in charge in the industrial and commercial business license is:
1: The nature of the company to which they belong is different.
1. The person signed on the business license of a limited liability company is called the legal representative, or legal person for short. The legal representative refers to the main person responsible for exercising civil rights and performing civil obligations on behalf of a legal person in accordance with the law, such as the director of a factory, the chairman of the company, etc.
According to Article 57 of the "Company Law of the People's Republic of China", you serve as the legal representative of a company or enterprise whose business license has been revoked due to illegal violations, and you are personally responsible for the illegal acts of the enterprise , no one shall serve as a director, supervisor or manager of the company within three years from the date when the business license of the company or enterprise was revoked.
2. The person who signs the business license of an individual industrial and commercial household is called the person in charge. If it is the person in charge on the license, it usually means that the license is not a license of an independent legal person.
2. The procedures for change between the two are different
1. If it is a company, the company needs to report the loss of its business license in the newspaper. 30 days after the newspaper is published, the company should take the newspaper clipping to the Industrial and Commercial Bureau to handle business operations. Licensing reissue procedures; convene a shareholders' meeting, pass a motion to change the legal representative, and produce a resolution to hire a new legal representative; finally, go to the Industrial and Commercial Bureau with the industrial and commercial change information to go through the formalities for changing the legal representative.
According to Article 10 of the "Regulations on Individual Industrial and Commercial Households (2016 Amendment)": "If an individual industrial and commercial household changes its registration items, it shall apply to the registration authority for change registration. If an individual industrial and commercial household changes its operator, it shall After canceling the registration, the new operator must re-apply for registration. ”
2. Cancel the previous individual industrial and commercial household license, and then re-apply for a new individual industrial and commercial household business license. To cancel a self-employed business license, you need to bring the original and duplicate of the business license, a copy of the self-employed ID card and a copy of the person in charge of the business license.
If it is a family member, the person in charge cannot be changed. If the member's information has already been registered during the original registration, first of all, the business license of the individual industrial and commercial household only has the person in charge, so the person in charge can be changed. Secondly, the change of the person in charge depends on the relationship between the person preparing the change and the original person in charge, and can only be re-registered.
Extended information:
The relevant regulations on individual industrial and commercial households are as follows:
Article 1? In order to protect the legitimate rights and interests of individual industrial and commercial households, encourage, support and These regulations are formulated to guide the healthy development of individual industrial and commercial households, strengthen the supervision and management of individual industrial and commercial households, and give play to their important role in economic and social development and expansion of employment.
Article 2: Citizens with business capabilities who are registered with the industrial and commercial administrative department in accordance with the provisions of these regulations and engage in industrial and commercial operations are individual industrial and commercial households. Individual industrial and commercial households can operate individually or as a family. The legitimate rights and interests of individual industrial and commercial households are protected by law and may not be infringed upon by any unit or individual.
Article 3: The industrial and commercial administrative departments of counties, autonomous counties, cities without districts, and municipal districts are the registration authorities for individual industrial and commercial households (hereinafter referred to as the registration authorities). The registration authority may, in accordance with the provisions of the industrial and commercial administration department of the State Council, entrust its subordinate industrial and commercial administration offices to handle the registration of individual industrial and commercial households.
Article 4: The state implements the principles of equal market access and fair treatment for individual industrial and commercial households. When applying for the registration of individual industrial and commercial households, if the business scope applied for registration does not fall into the industries prohibited by laws and administrative regulations, the registration authority shall register it in accordance with the law.
Article 5: The industrial and commercial administrative departments and other relevant departments of the people's governments at or above the county level shall supervise and manage individual industrial and commercial households in accordance with the law. Individual industrial and commercial households engaged in business activities must abide by laws and regulations, abide by social ethics and business ethics, be honest and trustworthy, and accept the supervision implemented by the government and its relevant departments in accordance with the law.
Article 6: Local people’s governments at all levels and relevant departments of the people’s governments at or above the county level shall take measures to improve business premises, entrepreneurship and vocational skills training, vocational skills appraisal, technological innovation, and participation in social insurance, etc. , providing support, convenience, information consultation and other services to individual industrial and commercial households.
Article 7: Self-employed workers associations established in accordance with the law, under the guidance of the industrial and commercial administrative departments, provide services to individual industrial and commercial households, safeguard the legitimate rights and interests of individual industrial and commercial households, and guide individual industrial and commercial households to be honest and self-disciplined.
China Courts Network-Regulations on Individual Industrial and Commercial Households? State Council Order No. 596