Firstly, the definition of registered address and business address of a company.
The registered address of a company refers to the "address" registered in the company's business license. Under normal circumstances, the company takes the location of its main office as its domicile, and different cities have different requirements for registered address, which shall be subject to the requirements of the local industrial and commercial bureau.
The business address refers to the "domicile" recorded in the business license of the enterprise, that is, the actual business place.
According to the company law, the registered address and business address of a company must be the same.
Second, the legal risk that the registered address of the company is inconsistent with the business address.
1. Upon investigation by the administrative department for industry and commerce, a fine of more than 1 10,000 yuan and less than 1 10,000 yuan may be imposed.
Basis: Article 69 of the Regulations on the Administration of Company Registration: If the registered items of a company are changed, the company registration authority shall order it to register within a time limit, and if it fails to register within the time limit, it shall be fined between RMB 654.38 million and RMB 654.38 million.
2. Administrative penalties such as accepting warnings, registering within a time limit, ordering to suspend business for rectification, withholding business licenses or even revoking business licenses.
Basis: Article 63 of the Detailed Rules for the Implementation of the Regulations on the Administration of Registration of Enterprise Legal Persons: If the main registered items are changed without authorization and the registration of change is not handled according to the regulations, a warning shall be given, the illegal income shall be confiscated and a fine of less than three times the illegal income shall be imposed, but the maximum amount shall not exceed 30,000 yuan. If there is no illegal income, a fine of 1 10,000 yuan shall be imposed, and the change registration shall be handled within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification or revoke its business license; If the circumstances are serious, the business license shall be revoked.
3. Where an enterprise is involved in litigation matters and brings a lawsuit against an enterprise as a legal person, it shall be under the jurisdiction of the court where the enterprise is domiciled, and the legal documents shall also be delivered to the address of the domicile. Changing the address of residence at will may lead to the failure to receive court documents and lose the opportunity to appear in court.
4. The actual business place of the company is inconsistent with the place of registration. If the new company applies for company residence registration in the original place of registration, the address will be locked and the company cannot pass the annual inspection. Third, the solution to the inconsistency between the company's registered place and its business place.
1. Change the industrial and commercial registration and change the registered address of the company to the business place;
2. Set up branches, that is, set up branches for the business where the business is located;
3 involving tax incentives, turnover tax can be paid at the place of business or settled by the head office, and income tax can be settled by the head office;
4. The registered address should have a contact person to send and receive documents and letters, and the signed documents and letters can be forwarded to the company's business place in time.