Have you ever been in a situation where your company is about to change its legal person, but you don't know how to do it? Are you concerned about the negative impact of a change in legal entity on your company's business and reputation? Or do you want to know more about the process of changing a legal entity and what to pay attention to?
The legal person of the enterprise is the ID card of the enterprise, which symbolizes the legal status and power of the enterprise. The change of legal person in an enterprise means that the ownership, dominance, and management rights of the enterprise have changed, which has had a great impact on the development and operation of the enterprise.
Generally speaking, there are several main reasons why an enterprise needs to change its legal person:
1.The equity of the enterprise is changed, and the original legal person no longer holds the absolute or relative power of the company;
2.The enterprise legal person can no longer be an enterprise legal person due to death, loss of contact, incapacity, revocation of license, etc.;
3.For personal reasons, the corporate legal person chooses to resign as an improper corporate legal person, or is dismissed from office by the shareholders' meeting or the board of directors of the enterprise;
4.Enterprises need to re-establish legal persons for major changes such as merger, division, restructuring, bankruptcy, etc.;
5.There are other legitimate reasons for the enterprise to change the legal person.
To change the legal person of an enterprise, the relevant regulations and procedures must be followed, and the specific steps are roughly as follows:
1.Find a new corporate entity. The new legal person needs to meet the requirements of an enterprise legal person, that is, it has full civil capacity and can carry out various activities and assume responsibilities on behalf of the company. The new legal person may be a shareholder, director, manager or other internal personnel of the company, or someone else outside the company, but it must be recognized or agreed by the company.
2.Amendment of the Articles of Association. The articles of association are the laws of the company, which stipulate the company's name, registered address, legal person, structure, business scope, capital composition, profit distribution, dissolution and settlement. To change the legal person, it is necessary to change the relevant articles of the legal person in the articles of association of the company, and specify the name, position and other information of the new legal person. To change the company's articles of association, it is necessary to first go through the company's shareholders' meeting, board of directors, etc., and pass the corresponding voting ratio to get a resolution document that can convince the public.
3.Go to the industrial and commercial bureau to change the registration. To change the legal person, you must go to the industrial and commercial bureau to apply for the change of registration and submit the corresponding application materials, such as the application for change, a copy of the company's articles of association, the ID card of the old and new legal person, and the resolution documents of the shareholders' meeting or the board of directors. After receiving the application, the industrial and commercial bureau will review all the materials, and if there is no problem, a new license will be issued to you within the specified time, and the old license will be invalidated, and then the change registration will be completed.
4.Notify the relevant departments and agencies. The change of legal person may affect the relationship between the company and other departments and institutions, so the company must quickly notify the relevant departments and institutions, such as tax bureaus, banks, social security, trade unions, industry associations, etc., to go through the relevant change procedures and update relevant information and materials, so as to avoid unnecessary troubles and losses.
The change of corporate legal person is a major event, which is related to the rights and responsibilities of the enterprise. Therefore, when making a decision to change a legal person, enterprises should pay attention to the following points:
1.To change the corporate legal person, we must abide by laws and regulations, do not violate the bottom line and original intention of the law, and cannot harm the interests of the country and the public, let alone infringe on the legitimate rights and interests of others;
2.The change of enterprise legal person must maximize the interests of the enterprise, not to damage the development and stability of the enterprise, let alone affect the operation and reputation of the enterprise, and not to damage the legitimate rights and interests of the shareholders and employees of the enterprise;
3.To change the legal person of an enterprise, the relevant procedures must be completed in a timely and accurate manner, and it must not be delayed or concealed, let alone deceived and deceitful, so as not to add some unnecessary risks and losses to the enterprise;
4.In changing an enterprise legal person, the relationship between the old and new legal persons must be properly handled, and the rights and obligations of the old and new legal persons must not be confused, still less can conflicts and lawsuits between the old and new legal persons be triggered.
That's all for this article, if you still have questions, welcome to send a private message or leave a message!
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