Shanghai company legal person change: triggering situation, Materials required, Process and subsequent impact

Corporate legal persons usually remain stable, Even if the ownership structure is adjusted, The legal representative may not necessarily change accordingly.. So, under which specific circumstances, Will the legal person of the company change? The following will focus on the triggering conditions for changes in legal persons of Shanghai companies., Material preparation, Explanation of the handling process and subsequent impacts.

one, Triggering circumstances for Shanghai company legal person change

1. Other shareholders of the company hold more shares than the legal representative of the company;
2. The company no longer continues to operate for some reason, But don’t choose to log out either, but transferred to others, At this time, it is necessary to change the legal person;
3. The legal representative of the company dies, Removed from office, Inability to perform duties, etc., At this time, it is necessary to change the legal person.

two, Materials required for change of legal person of Shanghai company

1. "Company Change Registration Application" signed by the company's legal representative;
2. Proof of designated representative or jointly appointed agent by all shareholders of the company;
3. Shareholders' meeting resolution signed by all shareholders;
4. Amendment to Articles of Association;
5. Board resolution;
6. Proof of identity of the new legal representative.

three, Documents and certificates required for change of legal person of Shanghai company

1. "Enterprise Legal Person Change Registration Form" signed by the legal representative;
2. Documents reviewed and approved by the original competent authority;
3. Change of legal representative, Documents for the appointment and removal of the legal representative need to be submitted, Proof of identity of the new legal representative, Application for change registration signed by the original legal representative or proposed legal representative of the enterprise; Change of economic nature, Documents confirming the ownership of the assets of the relevant department must be submitted.; Change of residence or business location, Proof of use of new residence or business premises is required; Changes in business scope involve special approval by industry management departments, Approval documents need to be submitted; Change of registered capital, Capital verification certificate required; Name changed, The "Enterprise Name Change Approval Notice" issued by the registration authority must be submitted.;
4. Changes in registration matters involve modification of the articles of association of the enterprise, A revised Articles of Association or an amendment to the Articles of Association should be submitted;
5. Original and copy of business license;
6. Other documents, Documents;
7. Changes in registration items for business units and corporate branches that have obtained business licenses, Application for change registration should be made in accordance with the regulations on change registration of corporate legal persons.

Four, Shanghai company legal person change process

1. Get the "Company Change Registration Application Form";
2. Industrial and commercial changes: Go to the industrial and commercial department where the company is registered to apply for license changes, It will take 5-10 working days after acceptance to receive the license of the new legal representative.;
3. Organizational changes: Go to the Quality Supervision Administration Bureau to apply for changes to the enterprise organization code certificate, Received after 2-3 working days after acceptance;
4. tax changes: Go to the tax department to change your registration certificate. This link involves personal income tax issues on equity transfers, Shareholders need to declare and pay personal income tax on the equity received to the local tax department;
5. Change bank information.

five, Shanghai company legal person change risk

1. Customers may change with changes in legal persons;
2. The credit of the enterprise changes;
3. The business will no longer be controlled by the original boss.

six, The impact of the change of legal person in Shanghai company

Change of corporate legal person, No impact on the original legal person, Mainly affects the legal person after the change.

debt liability

Legal persons eliminated due to merger, Its claims and debts will be collectively borne by the merged legal person. In the case of corporate separation, Claims and debts of the original legal person, The share should be determined in accordance with the contract concluded before the division, inherited by the legal person after division.

Elimination of legal person

In the merger of new formulas, The original legal persons were eliminated. In an absorptive merger, The merged legal person is eliminated. In new establishment separation and existing separation, Only the property or organizational structure of the original legal person has changed.