1. How long will it take to complete the change of company legal person?
The company changes its legal person, and the preparation materials are complete, which can be completed within fifteen days at the earliest. However, after the change of legal person, the tax registration certificate, organization code certificate, bank legal person account and bank organization letter of credit that match the business license must be changed, and the whole process will go down, and it will take one month at the earliest to complete the replacement procedures.
Under normal circumstances, a company changes its legal person in order to develop, operate and grow. If you want to change the legal person, you need to register the change.
The change of a legal person refers to the change of its organization, name, domicile, business scope and other important matters after the establishment of a legal person. These changes can be decided independently according to the wishes of the legal person, and the legal person can take effect as long as the corresponding change registration is made. However, the division or merger of an enterprise as a legal person involves the creditor-debtor relationship between the legal person and the counterparty. In order to maintain the trading order and the trust interests of the counterparty, the law has made mandatory provisions on the transfer of creditor's rights and debts after the division or merger of legal persons. Paragraph 1 of Article 44 of the General Principles of the Civil Law stipulates that the division, merger or other important changes of an enterprise as a legal person shall be registered with the registration authority and announced. The Company Law and other laws also have corresponding provisions.
Second, the limited company legal person change process
(1) The company changed its name.
Materials required to change the company name:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
2. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
3. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
4. Resolution of the shareholders' meeting of the limited company;
5. Amend the articles of association or new articles of association;
6. Name inquiry certificate or name change approval notice issued by the superior registration authority;
7. The original and duplicate of the business license of the enterprise as a legal person;
(II) Registration of Company Change
Company domicile change
Materials required for changing the company's domicile:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
2. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
3. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
4. Amendment to the Articles of Association (signed by the legal representative);
5. Certificate of domicile of the new company; (lease contract and corresponding property right certificate)
6. The original and duplicate of the business license of the enterprise as a legal person;
(3) Changing the legal representative
Materials required to change the legal representative of the company:
1. Application for company registration (filing)
2. The resolution of the general meeting of shareholders agreeing to change the legal representative and employment status of the company shall be signed by all shareholders, sealed by the legal person shares, and stamped with the official seal of the company if dated.
3. The original and photocopy of the ID cards of the new legal representative and on-the-job personnel 1 copy.
4. The administrative department for industry and commerce shall submit the above four materials and the original of the old business license.
5. Get a new business license
note:
1. The legal representative needs to engrave the company seal. See attachment 1 for the required information.
2. To change the legal representative, you need to go to the Quality Supervision Bureau and the Tax Bureau to make changes.
(4) Changing the business scope
Materials required to change the business scope:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
2. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
3. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
4. Amendment to the Articles of Association (signed by the legal representative);
5. The original and duplicate of the business license of the enterprise as a legal person;
(5) Change of company type
Information required for company type change:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
3. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
4. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
5. Resolution of the shareholders' meeting of the limited company;
6. Amendment to the Articles of Association (signed by the legal representative);
7. The original and duplicate of the business license of the enterprise as a legal person;
(VI) Changes in paid-in capital
Information required for change of paid-in capital:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
2. Statement on the capital contribution of shareholders or promoters signed by the company (stamped with the official seal of the company);
3. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
4. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
5. Amendment to the Articles of Association (signed by the legal representative);
6. A capital verification report issued by a statutory capital verification institution;
7. The original and duplicate of the business license of the enterprise as a legal person;
(7) Change of subscription period
Information required for change of subscription period:
1. Application for company change registration signed by the legal representative of the company (with official seal of the company);
2. Certificate of designated representative or entrusted agent signed by the company (official seal of the company);
3. A copy of the ID card of the designated representative or entrusted agent (signed by myself);
4. Amendment to the Articles of Association (signed by the legal representative);
5. The original and duplicate of the business license of the enterprise as a legal person;
(8) Tax changes
1. Fill in the tax registration change form and sign it by the legal representative;
2. Return the original and photocopy of the Tax Registration Certificate;
3. A copy of the changed business license of the enterprise as a legal person and the original and copy of the notice of approval and change of the enterprise;
4. Original and photocopy of the legal person code certificate (if the name, address and legal representative are changed, the code certificate must be changed first);
5. Original and photocopy of the ID card of the legal representative;
6. When changing the address, you need to bring the original and a copy of the lease contract and a copy of the real estate license.
A lot of preparatory work needs to be done before deciding to change the company as a legal person. In fact, it is also possible that the whole process will take more than a month. It should be said that the time required for the change of business entities in different regions is uncertain. Moreover, the progress of the change of enterprise legal person is not stipulated by the state. In combination with changing the materials submitted by the enterprise entity, if they are incomplete, the staff cannot pass the audit.