How to deal with the losses of legal persons

If the legal representative of the company is missing, a general meeting of shareholders shall be held to request the change of the legal representative and seal. At the same time, a new legal representative will be appointed, and meeting minutes and related documents will be kept. After being signed by all shareholders, a change request shall be submitted to the original company registration authority within 30 days after the resolution is made by the shareholders' meeting.

I. The process of changing the legal representative

1. Industrial and commercial change: go to the industrial and commercial department under the jurisdiction of the company's place of registration to change the license, and receive the license of the new legal representative within 5- 10 working days after acceptance;

2. Organization change: go to the General Administration of Quality Supervision to change the enterprise organization code certificate, and get it within 2-3 working days after acceptance;

3. Tax change: change the registration certificate in the tax department, involving personal income tax on equity transfer. Shareholders who have acquired equity need to declare and pay personal income tax to the local tax authorities.

Second, the conditions of the company's legal representative

1, with full capacity for civil conduct;

2. Having a formal or temporary account at the place where the enterprise is located;

3. Have the ability to manage enterprises and relevant professional knowledge;

4. Engaged in the production, operation and management activities of enterprises;

5. The generated procedures conform to the provisions of national laws and the articles of association of the enterprise;

6, in line with other relevant provisions of the document.

Three, where one of the following circumstances (except as otherwise provided by the state), shall not be the legal representative of an enterprise as a legal person:

1. The original legal representative of an enterprise whose business license has been revoked due to illegal operation has not been three years since the date of the decision to revoke its business license;

2. The legal representative of an enterprise that has been revoked or declared bankrupt according to law due to poor management is less than three years since the date of approval for cancellation of registration;

3, released from prison, parole or probation and reeducation through labor, less than three years from the date of release, probation or reeducation through labor;

4, due to illegal acts by the judicial organs for investigation, has not yet been closed;

5, organs at all levels (including party organs, state power organs, administrative organs, judicial organs, procuratorial organs) cadres and active servicemen;

6, the provisions of national laws, regulations and policies can not serve as enterprise leadership positions. When applying for registration, enterprises and competent departments shall truthfully report the true situation of the legal representative to the registration authority. Do not meet the requirements of these provisions, the registration authority shall not register. Those who conceal the real situation from the registration authority and resort to deceit when applying for registration shall be dealt with in accordance with relevant regulations.

legal ground

Company Law of the People's Republic of China

Article 13 The legal representative of a 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.