1. It can not be transferred according to the following:
Article 64 (1) of the first regulation on the administration of company registration (Order No. 451 of the State Council):
& quot; No unit or indivial may forge, alter, lease, lend or transfer its business license& quot; Article 77 stipulates: & quot; Where a business license is forged, altered, leased, lent or transferred, the company registration authority shall impose a fine of not less than 10000 yuan but not more than 100000 yuan; If the circumstances are serious, the business license shall be revoked& quot;< Second, Article 18 of the law of the people's Republic of China on the administration of tax collection stipulates:
& quot; Taxpayers shall use tax registration certificates in accordance with the provisions of the competent tax department under the State Council. Tax registration certificates shall not be lent, altered, damaged, traded or forged& quot;< Third, Article 14 of the "detailed rules for the implementation of the Provisional Regulations on the administration of urban and rural indivial businesses" stipulates that "business license and its copies and temporary business license shall not be lent, sold, leased, altered or forged. If an indivial business lends, sells, rents or alters its business license and its plicate or temporary business license, its illegal income shall be confiscated and a fine of less than 5000 yuan may be imposed. If the circumstances are serious, its business license and its plicate shall be revoked.
2. According to the registration time and tax situation, registered capital and bank capital flow situation set price! The shorter the registration time is, the higher the price is, and the better the tax situation is. The higher the registered capital, the more expensive it is. You said the situation is limited, so the price can not be clearly stated!
3. The business license is the certificate for the market subject to obtain the legal business qualification. Any business entity must be approved and registered by the instry and Commerce Department and issued a business license before it can engage in relevant business activities. The act of renting and lending business license makes some unqualified subjects escape the examination of the instrial and commercial department and enter the market directly. This kind of behavior disturbs the normal market access order and, to a certain extent, promotes the occurrence of unlicensed operation. At the same time, it is also very easy to cause contract fraud and other economic and criminal cases. After the parties get the license, they often engage in business in the name of the lessor and conclude contracts, which virtually provides convenience for contract fraud. From these aspects, the State forbids the transfer and purchase of business license.
4. The key factors of evaluation value include:
1, instry
2, capital scale (flow)
3, company operation (existence) years
4, whether the company has illegal operation
5, other factors
5. Company transfer process and cost: first of all, we should go to the notary office to do a share transfer and transfer the equity. And then with the equity transfer certificate to the instrial and commercial department to change the legal person, company name, business scope, address, etc. Then there is the change of the following state, local taxes and banks. The financial account can be transferred directly. In the case of equity transfer, indivial shareholders should pay personal income tax at 20% of the price difference. 1. According to the notice of the Ministry of Finance and the State Administration of Taxation on business tax issues related to equity transfer, no business tax will be levied on equity transfer from January 1, 2003. 2. It belongs to the document of property right transfer, and the stamp ty shall be paid at the rate of 5 / 10000. If it is a transaction of a listed company in the securities market, it should be paid by one thousandth of the "certificate of equity transfer". 3. If you are an indivial, you should pay 20% of the indivial income tax according to the transfer income. If you are an enterprise, it should be incorporated into the taxable income of the current year to calculate and pay the enterprise income tax. 4. If the shareholder is an indivial, the indivial income tax shall be levied; if the shareholder is an enterprise, the enterprise income tax shall be levied on the amount of transferred income incorporated into the income. Whether it is an enterprise or an indivial who has signed a contract, stamp ty shall be levied according to the contract amount. No business tax or value-added tax shall be levied on the transfer of equity. If it belongs to indivial equity transfer, the tax shall be paid according to the following provisions: indivial income tax: according to the indivial income tax law of the people's Republic of China and its implementation regulations, if the original shareholder obtains the income from equity transfer, the indivial income tax shall be levied according to the item of "income from property transfer". In case of equity transfer, tax shall be paid according to the following provisions: (1) business tax: no business tax shall be levied on equity transfer according to the notice of the Ministry of Finance and the State Administration of Taxation on business tax related to equity transfer (CS (2002) No. 191) 2 Enterprise income tax: according to the notice of the State Administration of Taxation on several income tax issues of enterprise equity investment business (Guo Shui Fa [2000] No. 118), the income or loss from the transfer of enterprise equity investment refers to the balance of the income from the recovery, transfer or liquidation of enterprise equity investment minus the cost of equity investment. The income from the transfer of equity investment shall be incorporated into the taxable income of the enterprise, and the enterprise income tax shall be paid according to law 3 Stamp ty: according to the certificate of equity transfer of the enterprise, both parties shall pay 5 / 10000 of the amount in the certificate of equity transfer. Company transfer process and cost: first, find the company that has the intention to accept you. Second, negotiate the price and sign the transfer contract. Third, find a law firm to notarize the transfer. Fourth, go to the instry and Commerce Bureau, the Quality Supervision Bureau and the tax bureau to handle the transfer proceres. The business license information of the instry and Commerce Bureau is complex. The information of the instry and Commerce Bureau is as follows: 1 Business license original 2, official seal 3, company change application, power of attorney 4, shareholders' meeting resolution 6, articles of association Amendment 7, equity transfer agreement 8, new shareholder ID card 9, company original file 10, other legal data processing time limit: 5 working days processing fee: 110 yuan tips: remember to make a of all the changed instrial and commercial data, and use all the subsequent changes, It's easy to change code and tax when instry and commerce change. Company transfer business document: legal representative: transferee / Party B: legal representative: Guili Stone Co., Ltd., established on September 7, 2004, is a joint venture with and with a registered capital of RMB 1.1 million, of which Party A holds 100% equity. Party A is willing to transfer its 100% equity of the joint venture company to Party B, and Party B is willing to transfer it. Now Party A and Party B have reached the following agreement on the transfer of equity through negotiation in accordance with the company law of the people's Republic of China and the contract law of the people's Republic of China: 2. Party A guarantees that it has the full right to dispose of the equity it intends to transfer to Party B, that the equity is not pledged, that the equity is not sealed up, and that it is free from recourse by a third party, Otherwise, Party A shall bear all economic and legal liabilities arising therefrom. 3、 Share of profit and loss (including creditor's rights and debts) of the company: 1. If Party A fails to truthfully inform Party B of the debts of the company before the equity transfer when signing this agreement, resulting in the loss of Party B's operation after the transfer of the company, Party B has the right to claim compensation from Party A. 4、 Liability for breach of contract: 1. Once this Agreement comes into effect, both parties must consciously perform it. If either party fails to fully perform its obligations in accordance with the provisions of this agreement, it shall be liable in accordance with the law and the provisions of this agreement. 5、 Change or rescission of the agreement: Party A and Party B may change or rescind this agreement through negotiation. If the agreement is changed or terminated through negotiation, both parties shall sign another agreement. 7、 Dispute resolution: any dispute arising out of or in connection with this contract shall be settled through friendly negotiation between Party A and Party B. If negotiation fails, the dispute shall be settled in the following ways (choose one, and only one, and tick "√" in the box before the selected one): / / apply to the arbitration committee of the place where the joint venture company is located for arbitration; Sue the people's court with jurisdiction. 8、 Effective conditions: this Agreement shall come into force after being signed and sealed by both parties. Both parties shall go through the change registration proceres in the administrative department for Instry and commerce within 30 days after the agreement comes into effect. 9、 This agreement is made in plicate, one for each party. Transferor: (signature / seal) transferee: (signature / seal)
6. From the legal point of view, the Bureau of instry and Commerce stipulates that the business license can not be transferred, but in the actual operation process, the business license can be transferred. Usually, the transfer of business license is realized by changing the legal person, and the company name, business scope and registered capital on the business license can also be changed. The specific business license transfer process is as follows:
main proceres
1
2
3. Conct financial audit, count assets, confirm creditor's rights and liabilities (letters), and confirm owner's equity; It can also be cleared up by the transferors themselves, reached an agreement and signed by both parties for approval
4. Negotiate the transfer price (transfer according to the company's net assets, not according to the registered capital) and conditions, and sign the transfer agreement (contract)
5. For delivery of assets, both parties shall sign on the asset transfer form for confirmation
6. Give notice to creditors and debtors (change of legal person, acceptance of claims and debts, etc.)
7. Amend the articles of Association (change the name of the legal person and the investor)
8. Change the business registration. If it is only transfer and does not involve other changes, only shareholders and legal persons can be changed
9. Change of tax registration certificate and organization code certificate
10
11. Change of tax registration certificate and organization code certificate
it is illegal to buy and sell business licenses directly and privately, which violates Article 30 of the regulations of the people's Republic of China on the administration of the registration of enterprise legal persons: if an enterprise legal person has one of the following circumstances, the registration authority can give warning, fine, confiscate illegal income, suspend business for rectification, withholding, and other punishment according to the circumstances Punishment for revoking the business license of enterprise legal person:
(1) concealing the true situation, practicing fraud or starting business without approval in registration< (2) changing the main registered items without authorization or engaging in business activities beyond the business scope approved for registration
(3) failing to cancel the registration or submit the annual inspection report in accordance with the provisions, and going through the annual inspection
(4) forging, altering, leasing, lending, transferring, selling or plicating copies of the business license for enterprise legal person and the business license for enterprise legal person without authorization< (5) evading or transferring funds or hiding property to evade debts< (6) engaging in illegal business activities
when an enterprise legal person is punished in accordance with the above provisions, the administrative and economic responsibilities of the legal representative shall be investigated according to the circumstances of the illegal act; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law
Add: and the sale is invalid
7. The business license can be transferred, and the transfer of the business license belongs to the change of the company. The transfer must be carried out in the following steps:
1. Both parties sign an effective transfer agreement
2. Both parties shall register with the instrial and commercial administration office with valid certificates
3. Issue the changed business license with the approval of the instrial and commercial department< However, the business license of indivial businesses can not be transferred. According to Article 14 of the detailed rules for the implementation of the Provisional Regulations on the administration of urban and rural indivial businesses, "the business license and its copies and the provisional business license shall not be lent, sold, leased, altered or forged. If an indivial business lends, sells, rents or alters its business license and its plicate or temporary business license, its illegal income shall be confiscated and a fine of less than 5000 yuan may be imposed. If the circumstances are serious, its business license and its plicate or temporary business license shall be revoked. For those who hold false business license or of false business license or false temporary license to operate, their false license and illegal income shall be confiscated and a fine of less than 10000 yuan may be imposed. For those who constitute a crime, they shall be handed over to the judicial organ for investigation of criminal responsibility.
8. How much does indivial business license resell
9. The business license of a company cannot be bought or sold, but the equity of the company held by the shareholders can be transferred. The specific amount depends on the asset status and operation of the company, and it is determined by both parties through negotiation.
10. The business license shall not be transferred, forged, altered, leased or lent. The business license is the certificate issued by the administrative department for Instry and commerce to instrial and commercial enterprises and self-employed operators to permit them to engage in certain proction and business activities, and its format shall be uniformly stipulated by the State Administration for Instry and commerce
Instrial and commercial enterprises or self-employed persons without business license are not allowed to start business, nor are they allowed to carve official seals, sign contracts, register trademarks or publish advertisements, nor are banks allowed to open accounts
extended information:
business license change and cancellation
materials required for change of business term and shareholder name:
1. Fill in the company change registration application signed by the company's legal representative
2. Fill in the certificate of designated representative or jointly entrusted agent signed by the company
3. Resolution or decision of shareholders' meeting
The specific steps are as follows:
1. Set up a liquidation group to liquidate the company, and then apply to the tax authorities for cancellation of tax registration.
2. Take the form from the State Tax Bureau, fill in, sign, seal, cancel the invoice and pay tax according to the requirements of the State Tax Bureau, and it will take back the state tax registration certificate, I'll give you a notice of cancellation of tax registration
3. Take the notice of cancellation of tax registration of the state tax, and go to the local tax office to get the form. After paying taxes, it will take back the tax registration certificate of the local tax office and give you a notice of cancellation of tax registration of the local tax office
Take two notices and cancel the bank account Take the notice to the instry and Commerce Bureau to get the form, and then return it to the instry and Commerce Bureau, which will take back the business license
source of reference: network business license