The legal risks of the inconsistency between the company's registered place and the actual business place mainly include:
1. If it is found out by the administrative department for industry and commerce, it may be fined more than 1 10,000 yuan and less than 1 10,000 yuan.
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.
3. If the enterprise is involved in litigation matters, the lawsuit filed against the enterprise as a legal person shall be under the jurisdiction of the court where the enterprise is domiciled, and the documents of the court will also be delivered to the address of the domicile. If the court documents are not received because of the change of business address of the enterprise, and the opportunity to defend in court is lost, the court may bear the risk of losing the case by default.
4. In terms of debt performance, if the place of performance is unclear, if the money arrives, it will be performed at the payee, and other targets will be performed at the place of performance. The above location is the domicile of the company, that is, the registered place. If the place of registration is inconsistent with the place of business, it may lead to difficulties in debt performance.
In order to avoid the above legal risks, it is suggested that enterprises choose the following coping strategies:
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;
Legal basis:
Company Law of the People's Republic of China
Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.
Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.
The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters.
Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.