When starting a business, when determining the scope of business, it is often written according to the business at that time, but in actual operation, there may be some temporary business that is not within the scope of business, and it is necessary to sign contracts, invoices, etc., so is this situation okay?
oneCan I issue invoices beyond the scope of business?
According to Article 26 of the Measures for the Administration of Invoices and its Implementation Rules, units and individuals who fill in invoices must issue invoices when business operations are recognized. Invoices are not allowed to be issued without business operations.
Judging from this provision, if an enterprise has a real business, it should issue invoices and pay taxes, and it does not mention that it must be a business within the scope of business before it can be invoiced.
However, invoices that exceed the scope of business can only be issued occasionally, which belongs to the company's temporary business, and the amount is not large, so it is too late or necessary to change the business scope. Moreover, there may not be a corresponding tax rate for the original approved content, and it is necessary to go to the tax bureau hall to adjust it temporarily.
Even within the scope of business, invoicing should be based on the main business, for example, you are an intellectual property company, and the invoices of intellectual property ** have not been issued much, and a lot of food sales have been opened, which is inconsistent with the convention.
In this case, the name and business scope of the enterprise should be changed, and the main business scope should be consistent with the name of the enterprise. For example, if you are a construction company, the first item in your business scope should be written about building construction.
IIIs a contract signed outside the scope of business valid?
The validity of a contract entered into outside the scope of business depends on a number of factors.
If the company's business activities exceed the scope of business, but do not violate the mandatory provisions of the law, and do not harm the interests of the state, the contract counterparty and the third party, as long as the contract itself complies with the basic principles of civil law, and the contract has been performed or can be performed, the contract shall be deemed valid in accordance with the principle of protecting the security of the transaction and the trust and interests of the third party.
If the counterparty to the contract is bona fide, but the ultra vires legal person is intentional or negligent, and the party that is at fault ultra vires takes the initiative to request confirmation of the invalidity of the contract, the contract shall be deemed valid.
If the company violates the state's restrictions on business and franchise and the prohibition of business by laws and regulations, the court shall find the contract invalid according to the actual situation.
IIIIs there a penalty for operating beyond the scope of business?
According to the provisions of the Detailed Rules for the Implementation of the Regulations on the Registration and Administration of Enterprise Legal Persons, those who engage in business activities beyond the approved business scope or business mode shall be given a warning, confiscated illegal gains, and fined less than three times the amount of illegal gains, but not more than 30,000 yuan, depending on the severity of the circumstances.
The law does not prohibit it, but it must be reflected in the scope of business, otherwise what is the use of the business scope?Some business projects do not need to be approved, just start directly;Some post-approvals can be applied for first, but having a license does not mean that you can do it.
For example, if it is related to food, it is necessary to apply for a food business license, and if it only sells pre-packaged food, it is necessary to apply for the record. Not all food is called food, and food in the legal sense refers to processed, packaged, and quantitative products. Those that have not been processed are called edible agricultural products, and those processed in stalls and restaurants are called vegetables or snacks.
Some business scopes require pre-approval, such as training, which requires a school license before a business license is issued.
Only by operating legally, paying taxes according to regulations, keeping the bottom line, and being honest, can it become a century-old store.