1. Signing the shareholder change agreement: the original shareholders and new shareholders of the enterprise need to sign the shareholder change agreement first to clarify the related matters of share transfer, such as the transfer price and share proportion;
2. Registration of equity transfer: The enterprise needs to go through the formalities of equity transfer registration, including submitting an application for change registration to the administrative department for industry and commerce and providing relevant materials, such as shareholder change agreement, copy of business license, legal person identity certificate, etc.
3. Announcement: The administrative department for industry and commerce will require enterprises to make an announcement in designated newspapers or official websites. The general announcement period is 45 days, with the purpose of allowing relevant parties to raise objections;
4. Change of registered capital: If the change of shareholders leads to the change of registered capital of the enterprise, the enterprise needs to go through the formalities for the change of registered capital. The change of registered capital shall be carried out after the registration of equity transfer is completed;
5. Obtain a new business license: If the shareholder change procedures are successfully completed, the administrative department for industry and commerce will issue a new business license. Enterprises need to hold a new business license to carry out business activities.
Shareholders need to go through the following procedures to change their business licenses:
1. Signing a shareholder change agreement: the original shareholders and new shareholders of the enterprise need to sign a shareholder change agreement to clarify the transfer price, share proportion and other matters related to share transfer;
2. Submit an application to the administrative department for industry and commerce: the enterprise needs to submit an application for shareholder change to the administrative department for industry and commerce, fill in the application form for shareholder information change, and provide the following materials:
(1) shareholder change agreement;
(2) Identification documents of new shareholders (such as ID card and passport);
(3) The original and photocopy of the business license of the enterprise;
(4) The original and photocopy of the legal person's ID card;
(5) Relevant information such as payment vouchers for equity purchase.
3. Pay the fee for shareholder change stipulated by the administrative department for industry and commerce;
4. Announcement: The administrative department for industry and commerce will require enterprises to make an announcement in designated newspapers or official websites. The general announcement period is 45 days, with the purpose of allowing relevant parties to raise objections;
5. Cancellation or change of other registrations: If the registered capital of the enterprise is changed due to the change of shareholders, the enterprise needs to go through the formalities for the change of registered capital. In addition, if it is necessary to cancel or change other registrations, such as tax registration and organization code certificate, the enterprise needs to synchronize the bank;
6. Obtain a new business license: If the shareholder change procedures are successfully completed, the administrative department for industry and commerce will issue a new business license. Enterprises need to hold a new business license to carry out business activities.
To sum up, the specific procedures required by the administrative departments for industry and commerce in different regions to change the business license of shareholders may be different. Enterprises need to consult the local administrative department for industry and commerce to understand the specific operation process and material requirements before they can operate.
Legal basis:
Article 7 of the Company Law of People's Republic of China (PRC)
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.