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Provisions related to the company’s legal representative arise、Removal procedure

Article 1 In order to standardize the registration management of legal representatives of enterprise legal persons,Make this provision。Article 2 Enterprise legal person registration (including company registration,Registration and management of legal representatives in (the same below),This provision applies。Article 3 The legal representative of an enterprise legal person (hereinafter referred to as the legal representative) shall be approved and registered by the enterprise registration authority,Obtain legal representative qualifications。

Article 4: Any of the following circumstances,Not allowed to serve as legal representative,The enterprise registration authority refuses to approve registration:

  1. Having no capacity for civil conduct or having limited capacity for civil conduct;
  2. Those who are being punished or are being subjected to criminal compulsory measures;
  3. Being wanted by public security organs or national security organs;
  4. Convicted of corruption and bribery、Crimes of infringement of property or crimes of undermining the socialist market economic order,sentenced,The execution period has expired less than five years ago;for committing other crimes,sentenced,The execution period has expired less than three years ago;or be sentenced to deprivation of political rights for committing a crime,The execution period has expired less than five years ago;
  5. Serve as the legal representative or director of an enterprise that is bankrupt and liquidated due to poor management、manager,and be personally responsible for the bankruptcy of the business,It has not been more than three years since the bankruptcy liquidation of the enterprise was completed;
  6. Serve as the legal representative of an enterprise whose business license has been revoked due to violation of laws,and bear personal responsibility for the company's illegal acts,It has not been more than three years since the enterprise’s business license was revoked;
  7. Large amount of personal debt,Unpaid when due;
  8. There are other circumstances that prevent you from serving as a legal representative according to laws and the State Council.。

Article 5: Creation of the legal representative of the enterprise、Removal procedure,should comply with the law、Provisions on administrative regulations and articles of association of corporate entities。Article 6 Enterprise legal persons apply for registration of change of legal representative,The following documents should be submitted to the original enterprise registration authority:

  1. Removal document for the original legal representative of the enterprise;
  2. Appointment documents for the new legal representative of the enterprise;
  3. Application for change registration signed by the original legal representative or proposed legal representative。

Article 7 To change the legal representative of a limited liability registered company or a joint stock company, the shareholders’ meeting must、The shareholders' meeting or the board of directors convenes a meeting to make a resolution,The original legal representative is unable or fails to perform his duties,cause shareholders meeting、The shareholders' meeting or the board of directors cannot be convened in accordance with legal procedures,A meeting may be elected by more than half of the directors or convened and presided over by the shareholder who has contributed the most capital or holds the largest voting rights or his or her appointed representative.,make decisions in accordance with the law。

Article 8 If one of the circumstances listed in Article 4 of these regulations occurs during the term of office of the legal representative,,The corporate legal person shall apply for registration of change of legal representative。Article 9 The legal representative shall be legally、Exercising powers within the scope of powers stipulated in administrative regulations and corporate articles of association。Article 10 The signature of the legal representative shall be filed with the enterprise registration authority.。

Article 11 Violation of these regulations,Conceal the truth,Using deceptive means to obtain legal representative qualifications,Ordered by the enterprise registration authority to make corrections,A fine of not less than 10,000 yuan but not more than 100,000 yuan is imposed.;Serious circumstances,Cancellation of business registration,Revoke corporate business license。

Article 12 Violation of these regulations,Should apply for registration of change of legal representative but fails to do so,The enterprise registration authority shall order it to be processed within a time limit;Overdue,A fine of not less than 10,000 yuan but not more than 100,000 yuan is imposed.;Serious circumstances,Cancellation of business registration,Revoke corporate business license。Article 13 Any unit or individual discovers that the legal representative has any of the circumstances listed in Article 4 of these regulations.,Have the right to report to the enterprise registration authority。

Article 14 These regulations shall come into effect from the date of promulgation。


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