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Change process of catering legal person

Subjectivity of law:

In China, the change of company legal person can be changed, but it should be noted that self-employed households are not legal persons and do not have legal person qualifications. The change of legal person needs to submit the change materials to the industrial and commercial bureau. I. Process of corporate change of restaurant business license When applying for change registration, a company shall submit the following documents to the company registration authority: (1) An application for change registration signed by the legal representative of the company; (2) A resolution or decision on change made in accordance with the Company Law; (3) Other documents required by the State Administration for Industry and Commerce. Where the company's change of registration matters involves the revision of the articles of association, the revised articles of association or amendments to the articles of association signed by the company's legal representative shall be submitted. II. Registration of legal person 1. Purpose of legal person registration The registration of a legal person is an important element for a legal person to establish, even change and eliminate civil rights capacity. The purpose of legal person registration is to protect the interests of the counterpart and maintain the security of transactions. Especially the enterprise legal person, its registration is particularly important for the interests of the relative person. In addition, legal person registration is also conducive to the state functional departments to grasp the situation and realize macroeconomic regulation and control. The establishment of a legal person must adopt the publicity method, and registration is the publicity method. Except for legal persons that do not need to be registered according to law, legal person registration usually includes establishment registration, change registration and cancellation registration of legal persons. 2. Registration of the establishment of a legal person The registration of the establishment of a legal person is an important element for a legal person to be established according to law and obtain the qualification of a civil subject. According to the General Principles of the Civil Law, Regulations on the Administration of Registration of Enterprise Legal Persons, Regulations on the Administration of Registration of Companies, Regulations on the Administration of Registration of Social Organizations, Provisional Regulations on the Administration of Registration of Public Institutions and Provisional Regulations on the Administration of Registration of Private Non-enterprise Units, etc., enterprise legal persons, some public institutions and the vast majority of social organizations should be registered in accordance with the law. From the aspect of the contents that the parties involved in the design of civil legal relationship need to consult, taking a limited liability company as an example, the main contents that need to be registered are: (1) the articles of association; (2) A capital verification certificate issued by a legally qualified capital verification institution; (3) the qualification certificate of shareholders or the identity certificate of natural persons; (4) Documents indicating the names and residences of the company's directors, supervisors and managers, as well as certificates of appointment, election or employment; (5) The employment documents and identity certificates of the legal representative of the company; (6) proof of company residence, etc. III. Legal Person under Construction The legal person under construction is also called the legal person under construction, which refers to an unincorporated organization that establishes a legal person organization and carries out preparatory activities. Its characteristics are as follows: 1. The legal person under construction is an organization, not the founder or the founder. The legal person under construction has its own name, property, organization and place. The name and property of the legal person under construction are separated from the name or property of the founder or founder. 2. The legal person under construction is an organization that exists for the establishment of a legal person. The purpose of the legal person under construction is to set up a legal person, and to carry out various preparatory work for the establishment of a legal person. Therefore, the legal person under construction can carry out civil activities related to the preparatory activities in its own name. 3. The legal person under construction is an unincorporated organization, not a legal person. Legal status of legal person in preparation: There are different views on the legal status of legal person in preparation. One view is that the legal person under construction does not have the qualification of civil subject, nor does it have the capacity of civil rights and civil conduct. The behavior in the process of construction is the personal behavior of the builder or founder, and the builder or founder should be responsible for the establishment behavior. Another view is that the legal person under construction and the legal person after establishment should be regarded as the same legal person. This view is also called "the theory of oneness", which thinks that the two are like the relationship between fetus and baby, that is, the rights enjoyed by the legal person before establishment and the creditor-debtor relationship formed should be enjoyed and borne by the legal person after establishment. If a legal person cannot be established, its legal capacity will be retroactively destroyed, that is, the organizer or founder will bear the corresponding legal consequences. The current laws in China do not stipulate the status of legal person in the preparatory work, but from the perspective of maintaining the stability of economic relations, the theory of "integration" has reference significance. According to the law, it can be known that the change of restaurant business license as a legal person should submit the application for registration of change signed by the legal representative of the company, the resolution or decision of change, etc. to the company registration authority.