When applying for the change of legal person, you need to write an application. The application shall include the information of both parties to the contract, the contents of the change, the expression of intention to apply for the change, and the signatures and seals of both parties. If the legal representative can't handle it in person, the power of attorney issued by the company and the original ID card of the client shall be provided.
When changing a legal person, it is generally necessary for the legal person to be present. If it is handled by a non-legal representative himself, it is required to provide a power of attorney issued by the company to entrust a special person to handle it, and at the same time submit the original ID card of the client. If there is a power of attorney, you can go to the scene without a legal representative.
According to the Company Law, a company applying for change registration needs to submit the following documents to the company registration authority: 1. Application for change registration signed by the legal representative of the company; 2. Resolutions or decisions on changes made in accordance with the Company Law; 3. Other documents required by the State Administration for Industry and Commerce. Where the registration of change involves the revision of the articles of association, the revised articles of association or amendments to the articles of association signed by the legal representative of the company shall also be submitted. Where laws, administrative regulations or decisions of the State Council require approval to change registered items, relevant approval documents shall also be submitted to the company registration authority.
Does the change of company legal person require the consent of shareholders?
It is not necessary for all shareholders to be present for signature and approval. As long as the shareholders' meeting, shareholders' meeting and the board of directors hold a meeting to make a resolution to change the legal representative, they can apply to the industrial and commercial department for changing the legal representative. If an enterprise as a legal person changes its name, domicile, business place, legal representative, economic nature, business scope, mode of operation, registered capital and business term, or adds or cancels branches, it shall apply for registration of change. An enterprise as a legal person shall apply to the registration authority for registration of change within 30 days after the approval of the competent department or the examination and approval authority.
To sum up, it is Bian Xiao's relevant answer about how to change a legal person if the legal person does not cooperate. I hope I can help you.
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Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
Article 38 The shareholders' meeting shall exercise the following functions and powers:
(1) To decide on the company's business policy and investment plan;
(2) Electing and replacing directors and supervisors who are not employee representatives, and deciding on the remuneration of directors and supervisors;
(3) Examining and approving the report of the board of directors;
(4) Examining and approving the reports of the board of supervisors or supervisors;
(5) To examine and approve the annual financial budget plan and final accounts plan of the company;
(VI) To examine and approve the company's profit distribution plan and loss recovery plan;
(7) To make resolutions on the increase or decrease of the registered capital of the company;
(8) To make resolutions on the issuance of corporate bonds.
(9) To make resolutions on the merger, division, dissolution, liquidation or change of corporate form of the company;
(10) Amending the Articles of Association.
(eleven) other functions and powers stipulated in the articles of association.
Where the shareholders unanimously agree to the matters listed in the preceding paragraph in writing, they may make a decision directly without convening a general meeting of shareholders, and all shareholders shall sign and seal the decision document.