1. What is the enterprise change process of catering enterprises?
(1) Accepting the application for change of enterprise (enterprise business license issuing authority)
(2) The Administration for Industry and Commerce accepts and renews the license (enterprise business license issuing authority)
1. Application for registration of enterprise change (with official seal of the company);
2. The certificate of the designated representative or entrusted agent (with the official seal of the company);
3, the company change registration audit table;
4. Registration form of the legal representative of the company (stamped with the official seal of the company);
5. Information form of directors, supervisors and managers of the company (filled in by the legal person as the executive director or chairman) (stamped with the official seal of the company);
6. The original and duplicate of the business license of the enterprise;
7. Resolution of the shareholders' meeting (with official seal of the company);
8. The identity certificate of the new legal person (the copy is stamped with the official seal of the company, and the original is for future reference);
9. The certificate of dismissal of the old legal person and the certificate of appointment of the new legal person (with the official seal of the company).
10 working days after acceptance.
(3) The Quality Supervision Bureau accepts and changes the photos.
1. Original and photocopy of organization code certificate;
2, the identity certificate of the new legal person (copy stamped with the official seal of the company, check with the original);
3. Copy of the new business license (the copy is stamped with the official seal of the company and checked with the original);
4. Agent's ID card (copy stamped with the official seal of the company and checked with the original);
5. Application for organization code certificate (with official seal of the company).
5 working days after acceptance.
(four) the state and local tax bureaus accept and change the photos.
1, the original and photocopy of the old national tax certificate;
2. A copy of the business license (the copy is stamped with the official seal of the company and checked with the original);
3, a copy of the organization code certificate (copy with official seal, check with the original);
4, the new legal person identity certificate (copy stamped with the official seal of the company, check with the original);
5. Application form for tax change of national tax and local tax (with official seal of the company);
6. A complete set of accounting statements, accounting vouchers and materials for this year as required by the tax bureau.
5 working days after acceptance.
(5) Acceptance and renewal of bank account opening license
1. Original and photocopy of business license
2. Tax Register
3. Original organization code certificate
4. Legal person ID card and agent ID card
5. Power of attorney
6. Official seal, financial seal and legal person seal
7. Resolutions of the general meeting of shareholders
Second, the difference between a company as a legal person and its legal representative.
Company legal person and legal representative are two different legal concepts, and some litigants often confuse their meanings. There is a difference between the two. The specific differences are as follows:
1, the two concepts are different: legal representative generally refers to a person who holds a certain position according to the internal articles of association of a legal person or is appointed by the legal representative to exercise civil rights and obligations on behalf of a legal person according to law. It is not an independent legal concept. Legal representative is a clear legal concept, which refers to the person in charge who exercises functions and powers on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person. If there is no full-time person, the deputy in charge of the work shall serve as the legal representative, and if there is a legal person with a board of directors or a legal person without a chairman, the responsible person authorized by the board of directors shall serve as the legal representative.
2. The legal representative is produced according to the authorization of the legal representative. Without the authorization of the legal representative, the legal representative cannot be produced, and the legal representative is appointed by the superior or elected by the enterprise authority according to law.
3. The number of people who make up the two is different: as the subject of civil rights, a legal person can have more than one legal representative, while a legal person has only one legal representative to exercise its functions and powers independently on behalf of the legal person.
4. The authority of the two is different: the legal representative's external exercise of power is limited by the legal representative's authorization, and he can only carry out activities on behalf of the legal person within the scope of duties authorized by the legal representative, and his behavior is not the behavior of the legal person itself, but has direct legal effect on the legal person; The legal representative has the right to directly exercise his functions and powers on behalf of the legal person within the scope of functions and powers prescribed by law.
5. The legal procedures for change are different: there is no certain procedure for the legal representative to change, and he does not need to register; The legal representative is one of the items that a legal person should register, and it is a necessary procedure stipulated by law. If there is any change, the legal representative shall be registered in time. The chairman must be a shareholder, and the method for selecting the chairman and vice chairman shall be stipulated in the articles of association. The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law, and may not necessarily be a shareholder.
Whether it is a catering company or other companies, the specific business of the company has nothing to do with the process of corporate change. Before deciding to change a legal person, there must be a series of preparatory work. For example, the separation of companies leads to the need to change the legal person, so in the process of separation, we must first negotiate the disposal of assets and the commitment of debts.