The inconsistency between the company's registered address and the actual business address hides legal risks

The company's registered address is inconsistent with its actual business address, which hides legal risks. my country's "Company Law" stipulates that a company should be domiciled where its main office is located.。also，The "Company Registration Management Regulations" also specify that

Require

A company registered with the company registration authority can only have one domicile.。The company's domicile should be within the jurisdiction of its company registration authority。According to the above provisions，The company must conduct business activities at its registered address。

but，In fact, many companies consider operating costs or tax policies，The company's registered place and actual place of business are often inconsistent，The company is registered in a development zone or industrial park，The development zone management committee can provide a full set of company registration、Annual inspection、Full set of services including tax declaration and payment，Save a lot of daily expenses，But the company’s business is not suitable for operating in the park，So he chose to engage in business activities elsewhere.。

Although this arrangement solves problems in business operations and government management,，But there are still huge legal risks hidden。

According to the "Company Registration Management Regulations" and the "Enterprise Legal Person Registration Management Regulations" as well as the State Administration for Industry and Commerce's "Reply to Issues Concerning Whether Registration and Management of Enterprises Add Business Locations" (Gongshangqizi [2000] No. 103) and other relevant regulations on enterprise registration management，An enterprise legal person registered with the industrial and commercial administration authority can only have one domicile.，The enterprise uses its own or rented facilities in areas other than its residence、Set up a borrowed fixed location to engage in business activities，should be based on the type of business，Handle relevant registrations。

Companies established in accordance with the Company Law and the Company Registration and Management Regulations engage in business activities in places other than their residence.，Application should be made to the company registration authority where the place is located to register a branch.。Registration without approval，Setting up a location to engage in business activities without authorization，Investigation and handling should be carried out in accordance with Article 32 of the "Provisions on Several Issues in Company Registration and Management" (State Administration for Industry and Commerce Order No. 83)。

The "State Administration for Industry and Commerce's Reply to Issues Concerning Whether Enterprises Need to Register and Manage Additional Business Locations" also clarifies，According to the provisions of the "Enterprise Legal Person Registration Management Regulations" and the "Company Registration Management Regulations"，Whether it is an enterprise legal person registered in accordance with the "Enterprise Registration Management Regulations"，Or a company registered in accordance with the "Company Registration Regulations"，Each residence can only have one。

Enterprise legal persons registered in accordance with the "Enterprise Registration Management Regulations" shall register with the registration authority when establishing or changing their business premises.，There is no limit on the number of business premises；The "Company Registration Management Regulations" do not stipulate that "business place" is a registration matter，The business premises established by the company outside its domicile shall be registered as branches。

According to the above provisions，The main legal risks arising from the inconsistency between the company's registered place and its actual place of business include:：

1. Detected by the industrial and commercial administration authorities，You may be fined not less than RMB 10,000 but not more than RMB 100,000.。
2. accept warning、Deadline for registration、Ordered to suspend business for rectification、Administrative penalties such as withholding of business license or even revocation of business license
3. If the company is involved in litigation matters，Litigation filed against corporate legal persons，Under the jurisdiction of the court where the company is domiciled，The court documents will also be delivered to the residential address.，If you do not receive court documents due to a change of business address, you will lose the opportunity to appear in court to defend yourself.，A default judgment in court may involve the risk of losing the case.。
4. in debt fulfillment，If the place of performance of a debt is unclear，giving money，Performed at the location of the recipient，Other subjects shall be performed at the location of the party performing the obligation.，The above location is the company’s domicile，The place of registration，If the place of registration and place of business are inconsistent，May cause difficulty in repaying debts。

In order to avoid the above legal risks，It is recommended that enterprises choose the following response strategies：

1. Change business registration，Change the company's registered address to the place of business；
2. Set up a branch，A branch will be established in the location where the business will be operated.；
3. If tax benefits are involved，Turnover tax can be paid at the place of business，It can also be settled and settled by the head office.，Income tax is settled and settled by the head office；
4. The registered address should have a contact person for sending and receiving correspondence.，The signed documents and letters can be forwarded to the company's place of business in a timely manner。

If you are registering a Shenzhen company，You can choose to call the business secretary address，Our company can provide the affiliated address for free，Zero risk。Government letters can also be collected on your behalf，Safeguard your career development。

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