Procedures and formalities for change: 1. Application process 1. Bring all the materials to the industrial and commercial department under the jurisdiction of the company's registration place to change the license, and receive the new legal representative license within 5- 10 working days after acceptance. 2. Bring all the materials to the General Administration of Quality Supervision to change the enterprise organization code certificate, and receive the registration certificate from the tax department within 2-3 working days after acceptance. This involves the personal income tax on equity transfer. It is necessary to declare and pay the individual income tax of the shareholders who have acquired the equity to the local tax department, and also to issue a new capital verification report for the new shareholders and legal persons. 4. Finally, change the company's basic deposit account, and change the seal and company information reserved by the company as a legal person in the bank. Two. Materials to be provided 1. Application for Change of Registration of Enterprise as a Legal Person signed by the legal representative (stamped with the official seal of the enterprise); 2. Certificate of the designated representative or entrusted agent (official seal of the enterprise) and a copy of the ID card of the designated representative or entrusted agent (my signature); The specific entrusted matters, the authority of the client and the entrustment period shall be indicated. 3. Registration form of the legal representative of the company (enterprise) (signed by myself and sealed by the enterprise); 4. The certificate of dismissal of the original legal representative and the certificate of appointment of the new legal representative issued by the competent department (investor) according to the procedures stipulated in the Articles of Association; The post certificate shall specify the appointment post in accordance with the provisions of the articles of association of the enterprise; If the position stipulated in the articles of association is vacant and the legal representative is represented by a deputy, it shall be clearly stated in the post certificate that "the position stipulated in the articles of association is vacant and the legal representative is represented by a deputy". 5. If laws, administrative regulations and the State Council decisions stipulate that the change of the legal representative must be approved, submit a copy of the relevant approval documents or license certificate; 6. A copy of the business license of the enterprise as a legal person. Note: This specification is applicable to an enterprise legal person established in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons who applies for the change of registration of its legal representative. Application for Change of Registration of Enterprise as a Legal Person, Certificate of Designated Representative or Authorized Agent and Registration Form of Legal Representative of Company (Enterprise) can be downloaded or obtained from various administrative departments for industry and commerce. If the above items do not indicate the copy to be submitted, the original shall be submitted. If a copy is submitted, it shall be marked as "consistent with the original" and stamped with the official seal of the enterprise. 3. Certificate 1 to be prepared, and original business license; 2, a copy of the old and new legal person ID card; 3. Official seal; 4. Resume and signature of the new legal person; 5. Original articles of association; 6. Original and photocopy of tax registration certificate; 7. Copy of code certificate; Remarks: A bank account opening license is unnecessary, because the legal person must change the bank in person, and the general agent company bank will not act as an agent. Costs required for change: There are two kinds of costs for changing a legal person: the first kind: the legal person does not occupy shares: the cost of change is several hundred yuan; Second, legal person holding shares: legal person holding shares in the company will involve equity issues and need to transfer equity. There are two kinds of production expenses: one is stamp duty, which is charged at five ten thousandths of the registered capital, and the other is personal income tax, which has two charging methods. If it is a flat transfer, the fee is five ten thousandths of the registered capital, and if it is a differential transfer, the fee is two ten thousandths of the registered capital.
Legal objectivity:
Regulations of the People's Republic of China on the Administration of Company Registration
Article 30
Where a company changes its legal representative, it shall apply for registration of change within 30 days from the date when the resolution or decision on change is made.
Company Law of the People's Republic of China
Article 13
The legal representative of the 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.