The rapid development of social economy will also affect the company's reform to some extent. When the company changes, there will be staff turnover. A company as a legal person is a very important person in a joint stock limited company. So what procedures do you need to go through to change the legal person of a joint stock limited company? 1. When the legal representative of a joint stock limited company changes its legal person and applies for the registration of legal representative change, it shall submit the following documents to the original enterprise registration authority: (1) the dismissal document of the original legal representative of the enterprise; (two) the appointment documents of the new legal representative of the enterprise; (3) An application for registration of change signed by the original legal representative of the enterprise. In real economic activities, there are often cases in which the legal representatives of some enterprises no longer have the post qualifications. For various purposes, they do not agree to change the legal representative, even use their powers to obstruct the resolution of change, or refuse to sign the application form for change registration. In this regard, the Regulations on the Administration of Registration of Legal Representatives of Enterprise Legal Persons has also made corresponding provisions, which are divided into two situations: 1. A limited liability company or a joint stock limited company needs to convene a shareholders' meeting or a board of directors to make a resolution. If the original legal representative is unable to perform or fails to perform his duties, so that the shareholders' meeting, shareholders' meeting or the board of directors cannot be convened according to legal procedures, more than half of the directors may elect a director or the shareholder with the largest capital contribution or the largest voting right of shares to convene and preside over the meeting according to law and make a resolution on change. If the legal representative is unable or unable to sign the application for change registration, the legal representative of the proposed company may sign it according to the change resolution. 2. The change of legal representative of an enterprise legal person other than the company shall be decided by the investor of the enterprise. If the legal representative cannot or does not sign the application for registration of change, the legal representative to be appointed may sign it according to the change decision. Two. Materials to be submitted for legal person change of a joint stock limited company 1. The legal representative signs the Application Form for Company Change Registration; 2. Power of attorney for application for registration; 3. Copy of the ID card of the agent (original inspection); 4. Resolution of the shareholders' meeting on equity change; 5. Copy of the new shareholder's ID card (original inspection); 6. The articles of association or amendments to the articles of association of the new company; 7. Original equity notarial certificate; 8. The original and all copies of the business license of the enterprise; 9. The change of shareholders involving directors, managers and supervisors requires the submission of relevant dismissal documents. As can be seen from the whole article, if a company wants to change its legal representative, it must first register the change, and before that, it can only be done through the resolutions of the shareholders' meeting and the board of directors.
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.
Provisions on the administration of the registration of legal representatives of enterprises as legal persons
Article 7
Where a limited liability company or a joint stock limited company needs to convene a shareholders' meeting or a board of directors to make a resolution, and the original legal representative is unable to perform or fails to perform his duties, so that the shareholders' meeting or the board of directors cannot be convened according to legal procedures, more than half of the directors shall elect a director or the shareholder with the largest contribution and the largest voting rights or his designated representative to convene and preside over the meeting, and make a resolution according to law.