Change of legal person:
Change of legal person on the business license:
1. Application for enterprise change registration (stamped with company seal), designated representative or ** *Proof of the same authorized agent (stamped with the company's official seal),
2. Company change registration review form,
3. Company's legal representative registration form (stamped with the company's official seal) ,
4. Company directors, supervisors, and managers status form (to be filled in if the legal person serves as executive director or chairman) (stamped with company seal),
5. Enterprise business license Original and copy, shareholders' meeting resolution (with the company's official seal),
6. Identity certificate of the new legal person (copy with the company's official seal, bring the original for verification),
7. Certificate of removal from office of the old legal person and certificate of appointment of the new legal person (stamped with company seal);
Change of shareholders
1. "Application for Registration of Company Change" signed by the legal representative (company Stamped with the official seal);
2. The company signed the "Shareholder Investment Information in the Limited Liability Company Change Registration Schedule" (with the company stamped with the official seal);
3. The company signed the "Designated Representative" Or *** with the certificate of the authorized agent" (with the official seal of the company) and a copy of the identity document of the designated representative or authorized agent;
4. If a shareholder transfers equity to a person other than a shareholder, submit Documents approved by more than half of other shareholders; or a resolution of the shareholders' meeting agreeing to the equity transfer; or if other shareholders have not responded within 30 days after receiving the notice, submit a written notice sent by the shareholder to be transferred to other shareholders regarding the transfer and instructions for soliciting opinions ;
5. Equity transfer agreement or equity delivery certificate signed by both shareholders;
6. Subject qualification certificate of the new shareholder or copy of the natural person’s identity document;
7. Resolution (decision) to amend the company's articles of association and the revised company's articles of association or amendments to the company's articles of association (signed by the company's legal representative);
8. Laws, administrative regulations and decisions of the State Council stipulate that changes in shareholders must be If approved, submit relevant approval documents or copies of license certificates;
9. Original and duplicate of the company's business license;
Extended information
Change of legal person The fees are divided into two types:
1. The legal person does not occupy shares: the change fee can be settled at RMB 1,800;
2. The legal person occupies shares: If the legal person occupies the company's shares , it will involve equity issues, and equity transfer needs to be done. There are two major costs in terms of cost, stamp duty, which is charged at 50,000% of the registered capital, and personal income tax, which has two charging methods:
(1) For flat transfer, the fee is 50,000% of the registered capital.
(2) For balance transfer, the fee is 20,000% of the registered capital.
Enterprises with relatively large registered capital need to change their legal persons, so be careful!
3. The consequences of changing the legal person of the company, the impact of the change of the legal person of the enterprise
The change of a company's legal person refers to the changes in its organization, name, address, business scope and other important matters after the establishment of the legal person. Changes in these matters can be decided independently according to the will of the legal person. The legal person can change as long as it makes the corresponding change registration. Potency. The change of corporate legal person has the following two consequences.
(1) Elimination of legal person. In a new establishment merger, the original legal persons are eliminated; in an absorption merger, the merged legal persons are eliminated. In the new establishment type of division, the original legal person is eliminated; in the existing type of division, only the property or organizational structure of the original legal person changes.
(2) Acceptance of claims and debts. The claims and debts of a legal person that is eliminated due to a merger shall be collectively borne by the merged legal person. When a legal person is divided, the creditor's rights and debts of the original legal person shall be borne by the legal person after the division according to the share determined in the contract concluded before the division.
At the same time, the change of the company's legal person will affect the reissue of some of the company's documents, including business license, organization code certificate, tax registration certificate, bank information, etc. Here the editor also attaches the specific process for changing the company's legal person for your reference.
Baidu Encyclopedia-Legal Person Change