It seems that the problems encountered by Xiaohui and Chen are easy to solve. Of course, they need to pay attention to some matters when changing Internet cafes.
Tip: The change of Internet cafes is one or more of changing the legal representative, changing the name of Internet cafes and changing the business premises. This paper mainly introduces the change of legal representative.
I. Abide by relevant policies and regulations
Internet cafe owners and buyers must be familiar with and strictly abide by the relevant policies and regulations when handling the procedures for changing Internet cafes. Including the Regulations on the Administration of Internet Service Sites (hereinafter referred to as the Regulations), the Notice of the Ministry of Culture on the Implementation of the Regulations, local policies and regulations, etc.
For example, according to Article 12 of the Regulations, it is illegal for some Internet cafe owners to transfer the network culture business license (that is, the Internet cafe license) privately. It is illegal for Xiaohui mentioned above to choose underground trading. Once investigated, those who violate the criminal law will be investigated for criminal responsibility; If it does not constitute criminal punishment, it shall be revoked and fined. Of course, it is also inappropriate for the buyer to obtain the network culture business license through underground transfer.
Tip: The replacement process of Internet cafes in different parts of the country may be different. It is suggested to consult relevant departments, such as public security organs, cultural departments and government departments, before changing Internet cafes.
Second, the license should be complete.
According to the Regulations, if an Internet cafe changes its name, legal representative and domicile, it shall go to the administrative department for industry and commerce to change or cancel its registration according to law, and go to the administrative department for culture and the public security organ to go through relevant formalities or put on record. Therefore, the transferor (owner) and transferee (buyer) of the change of Internet cafes must provide complete licenses and certificates.
Before the change, the owner of the internet cafe needs to have a complete license, otherwise he can't go through the change formalities through legal channels. Legal Internet cafes, licenses should include network culture business license (original), industrial and commercial business license, public security network security audit opinion, fire safety inspection opinion, legal person ID card. For the buyers of Internet cafes, they only need to provide their ID cards. In the acceptance of Internet cafes, we must pay attention to whether the transferor has provided a complete license. If the license is incomplete, we don't have to consider accepting it.
Tip: If it is necessary to change the name and address of the Internet cafe, it is necessary to provide the agency agreement of public Internet access service, the audit opinion of the public security fire department, a copy of the house leasing materials or real estate license, and a copy of the notice of pre-approval of the enterprise name of the administrative department for industry and commerce. In addition, the change of Internet cafe address must comply with the relevant provisions in the Regulations.
The general process of the change is: preliminary examination by the document management department (giving preliminary opinions) → examination by the public security fire department (fire safety inspection opinions of venues) → safety examination by the public security network supervision department → final examination by the document management department. It should be noted that according to the "Regulations", it should be approved by the original auditing organ (the organ that originally handled the license for Internet cafes, mainly the cultural administrative department).
In order to obtain illegal benefits, some black internet cafes have thought of forging network culture business licenses, such as forging numbers. In order to prevent being cheated, Internet cafe buyers can ask to see the original, and ask to handle the transfer in strict accordance with the procedures for changing Internet cafes. If the owner of the internet cafe doesn't agree, there will be a problem.
In addition, we should also pay attention to whether the "Network Culture Business License" of Internet cafes is inspected once a year (because according to the regulations of the cultural administrative department, the "Network Culture Business License" that has not been inspected within the time limit will be invalid and may not be inspected again).
Third, the transfer agreement is particular.
To complete the change of legal person in Internet cafes, both parties need to sign a transfer agreement, which is also a necessary material for the change of Internet cafes.
In the process of signing the transfer agreement, the contents must be detailed, and the prices, fees, internet cafe licenses, machines and other contents that both parties care about must be clearly written. For example, it must be stated in the agreement that "Internet cafes transferred by Party B include all licenses, machines, tables and chairs, air conditioners, fans and other items" (assuming that Party B is the transferor of Internet cafes). In order to prevent the transferor from defaulting on utilities, taxes and rent, it is also necessary to specify in the agreement that "all overdue taxes, fees for water, electricity, house rental and information before the delivery of the Internet cafe". In addition, in order to prevent the original owner of the Internet cafe from interfering in the affairs of the Internet cafe, it should be stated in the agreement that "after transferring the Internet cafe, Party B shall not ask Party A for Internet cafe articles, participate in the operation of the Internet cafe or interfere in the affairs of the Internet cafe in any form".
Tip: If you can't write the Internet cafe transfer agreement, you can find the corresponding model essay on the Internet and modify it according to the actual situation of both parties.
Fourth, field trips are the most important.
In many advertisements about the transfer of Internet cafes, there are many contents suspected of being false and boasting. It is necessary and intuitive for buyers to make a field trip before changing Internet cafes. The contents of the survey mainly include the location of Internet cafes, old and new machines, old and new indoor facilities, tourists, competitive environment and so on. In order to prevent the owners of internet cafes from making false packaging (for example, creating the illusion that business is extremely hot). ), buyers can make unannounced visits.
In addition, in order to prevent Internet cafe owners from transferring "fake chain" Internet cafes (many Internet cafes are opened through a network culture business license), buyers need to keep their eyes open. If there are many Internet cafes with the same name in different places in a city, they should pay special attention.
If you pay attention to these matters, I believe that owners and buyers of Internet cafes will take fewer detours in the process of changing Internet cafes and obtain legal Internet cafes through formal channel transfer.