1. What are the risks of a legal person with a business license?
The company is a legal person and its business license is the legal representative. The risk of the legal representative is:
1。 Civil liability. Liability for damages. Under normal circumstances, the business activities of the legal representative of the company in the name of the company belong to the performance of duties, and the relevant civil liabilities arising therefrom shall be borne by the company;
The legal representative shall not bear civil liability for his position, but if the legal representative causes losses to the company intentionally or negligently, the company may demand compensation from him.
2。 Administrative responsibility. Because the legal representative is often the person directly responsible for the company's behavior, the administrative organ can give him administrative punishment according to the relevant.
For example, the company has problems such as debt default or tax evasion, and its legal representative may also be restricted from leaving the country by the administrative organ.
3。 Criminal responsibility.
2. What materials do I need to apply for a business license?
To apply for an industrial and commercial business license, the following materials shall be submitted:
1。 List of shareholders or promoters;
2。 An agreement stating the name and address of the company;
3。 Articles of association confirmed by all shareholders;
Only with the above materials can you apply for a business license in the industrial and commercial department.
According to the provisions of Article 21 of the Regulations on the Administration of Registration of Market Subjects in People's Republic of China (PRC), if an application for registration of market subjects is made and the registration authority registers according to law, a business license shall be issued. The date of issuance of the business license is the date of establishment of the market entity. Where laws, administrative regulations or decisions of the State Council stipulate that the establishment of a market entity must be approved, it shall apply to the registration authority for registration within the validity period of the approval document.
Three, the enterprise business license can write two people?
You can't write two people on the business license of an enterprise.
According to relevant laws, only one person's name can be written on the business license. If it is a partnership, one person can be the person in charge of the business license. Business license is a certificate issued by the administrative department for industry and commerce to industrial and commercial enterprises and individual industrial and commercial households to engage in certain production and business activities, which shall be uniformly stipulated by the State Administration for Industry and Commerce. The business license shall not be forged, altered, leased, lent or transferred. Zhaofa. Com reminds you that a legal person can only write one person's name, and shareholders can write two names. Shareholders are investors or investors of joint-stock companies. Shareholders are shareholders of a joint stock limited company or a limited liability company, and have the right to attend the shareholders' meeting and have the right to vote. They also refer to investors in other joint ventures.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Company Law.
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.
Article 8 A limited liability company established in accordance with this Law must indicate the words limited liability company or limited company in its name.
A joint stock limited company established in accordance with this law must indicate the words joint stock limited company or joint stock company in its name.
Article 9 When a limited liability company is changed into a joint stock limited company, it shall meet the requirements of a joint stock limited company as stipulated in this Law. When a joint stock limited company is changed into a limited liability company, it shall meet the conditions of a limited liability company as stipulated in this Law.
Where a limited liability company is changed into a joint stock limited company, or a joint stock limited company is changed into a limited liability company, the creditor's rights and debts before the company change shall be inherited by the changed company.
Article 10 The domicile of a company is the place where its main office is located.
Article 11 To establish a company, the articles of association must be formulated according to law. The Articles of Association are binding on the Company, shareholders, directors, supervisors and senior management.
Article 12 The business scope of a company shall be stipulated in the articles of association and registered according to law. A company may amend its articles of association and change its business scope, but it shall register the change.
Projects that are required to be approved by laws and administrative regulations in the company's business scope shall be approved according to law.