Legal analysis: 1. Conditions for handling restaurant business license
Documents and certificates to be submitted when applying for business registration of individual businesses: (1) Application for business registration of individual businesses signed by the applicant (fill in the registration form for business application of individual businesses); (2) Proof of employees (the household registration certificate, including household registration book and ID card, as well as relevant certificates of retired and other unemployed people, must be submitted for the operation of personnel in this city; Personnel from other provinces and cities must submit their ID cards, local temporary residence permits, and family planning certificates and photos for women of childbearing age; (3) proof of business site; (4) proof of the relationship between family members in family business; (5) Notice of name pre-approval; (6) Relevant special certificates required by laws, regulations and policies.
2. How to handle the business license
1. Go to the industrial and commercial department where the new address is located to handle the "Notice of Transfer of Enterprise Registration File". When handling the business license, you need to bring the same information as that provided by the new enterprise. When the information is complete, you can get the "Notice of Transfer of Enterprise Registration File" and "Notice on Change of Registration of Relocation".
2. go to the original industrial and commercial registration department to go through the formalities of transferring industrial and commercial information with the notification letter of transferring enterprise registration files (the information will be mailed by the industrial and commercial departments of the two places), and the industrial and commercial department of the old address will issue the notification of approval of enterprise moving out after accepting the notification letter of transferring enterprise registration files.
3. After going through the formalities, wait for the industrial and commercial department of the new address to call the enterprise after receiving the industrial and commercial information of the enterprise, bring the "Notice of Approval of Enterprise Moving Out" to the new industrial and commercial department to handle the specific address change matters (fill in a "Registration Form for Change, Power of Attorney"), and bring the "Notice of Change of Registration for Relocation" to the licensing window for a new "business license" seven days after completing the formalities.
legal basis: a company established according to law in article 7 of the company law of the people's Republic of China 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, legal representative's name and other matters.
in case of any change in the items recorded in the company's business license, the company shall register the change according to law, and the company registration authority shall issue a new business license.
Article 9 of the Regulations on Individual Industrial and Commercial Households, after examining the application materials according to law, the registration authority shall handle it according to the following provisions:
(1) If the application materials are complete and conform to the legal form, it shall be registered on the spot; If the application materials are incomplete or do not meet the requirements of the statutory form, the applicant shall be informed of all the contents that need to be supplemented on the spot.
(2) If it is necessary to verify the substantive contents of the application materials, it shall be verified according to law, and a decision on whether to register it shall be made within 15 days from the date of accepting the application.
(3) If the individual industrial and commercial households do not meet the registration requirements, they shall not be registered and shall inform the applicant in writing, explain the reasons and inform the applicant that they have the right to apply for administrative reconsideration and bring an administrative lawsuit according to law.
if it is registered, the registration authority shall issue a business license within 11 days from the date of registration.
the state promotes electronic business licenses. Electronic business license and paper business license have the same legal effect.
Article 78 of the Civil Code of the People's Republic of China provides a business license for a profit-making legal person established according to law. The date of issuance of the business license is the date of establishment of the profit-making legal person.
article 11 of the partnership enterprise law of the people's Republic of China. if the registration application materials submitted by the applicant are complete and conform to the legal form, and the enterprise registration authority can register on the spot, it shall register on the spot and issue a business license.
except for the circumstances specified in the preceding paragraph, the enterprise registration authority shall make a decision on whether to register within 21 days from the date of accepting the application. If it is registered, a business license shall be issued; If it is not registered, it shall give a written reply and explain the reasons.