Go to the administrative service center to print the Charter
According to the relevant provisions of the archives law of the people's Republic of China and its implementation measures, as well as the enterprise registration archives inquiry measures of the State Administration for Instry and commerce, the following proceres shall be provided for the inquiry, retrieval or reproction of enterprise registration archives:
(1) public security organs, procuratorial organs, judicial organs, state security organs, discipline inspection and supervision organs at all levels Audit institutions and other party, government and military organs can consult the enterprise registration files related to the investigation and handling items by holding the letter of Introction (official letter) and the working (identity) certificates of the inquiry personnel
(2) employees of an enterprise may consult the registration files of the enterprise with their business license (original ), letter of introction and ID card (work card); The legal representative or shareholder can check the registration files of the enterprise with his / her ID card (3) entrusted by the client, the lawyer can query the enterprise registration files related to the agency matters with the original and of the court case filing certificate, the original and of the power of attorney, the letter of introction of the law firm and the lawyer's practice certificate (4) if other enterprises, institutions and indivials need to consult the enterprise registration files e to litigation and arbitration, they can consult the relevant enterprise registration files by holding the letter of introction of the unit, their ID card (work card) and relevant certificates of the court or arbitration institutiontherefore, to access and the company's information (articles of association) and affix the material certification seal of the Administration for Instry and commerce, an enterprise should apply to the Administration for Instry and commerce that issued the business license and provide the materials in accordance with item (2) Chapter II archives institutions Article 6 the national archives administration department is in charge of the national archives cause, and implements overall planning, organization and coordination, unified system, supervision and guidance for the national archives cause The archives administration departments of the local people's governments at or above the county level are in charge of the archival undertakings within their respective administrative areas, and supervise and guide the archival work of the organs, organizations, enterprises, institutions and other organizations within their respective administrative areas The people's governments of townships, nationality townships and towns shall appoint personnel to take charge of the archives of their own organs and supervise and guide the archival work of their subordinate units
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2. Change of registration schele - information of legal representative signed by the company (with official seal of the company)
3. Certificate of designated representative or jointly entrusted agent (with official seal of the company) and of ID card of designated representative or entrusted agent
the matters to be handled, authority and authorization period of the designated representative or jointly entrusted agent shall be indicated
4. Submit the removal certificate of the original legal representative and the appointment certificate of the new legal representative according to the provisions and proceres of the articles of association
5. If laws, administrative regulations and decisions of the State Council require that the change of legal representative must be submitted for approval, the relevant approval documents or copies of license certificates shall be submitted
6. If the change of the legal representative involves the amendment of the articles of association, the resolution and decision on the amendment of the articles of association and the amended articles of association or the amendment to the articles of Association (signed by the legal representative of the company) shall also be submitted
7. A of the company's business license
if the change of the name of the legal representative of a company involves the change of directors, relevant filing materials should be submitted at the same time according to the specification for filing materials of directors, supervisors and managers of a company, and the same materials need not be submitted repeatedly
the materials to be provided for change in other departments are almost the same, mainly based on requirements.
It can be printed in the Administration for Instry and commerce
Like the company law, the articles of association shoulder the responsibility of adjusting the company's activities. This requires that the shareholders and promoters of the company must consider carefully when formulating the articles of association, make clear and detailed provisions, and can not make all kinds of understanding1. Legality. The legality mainly emphasizes that the legal status, main content, modification procere and effect of the articles of association are mandatory by law, and no company can violate them. The articles of association is one of the necessary conditions for the establishment of a company. Whether it is to establish a limited liability company or a joint stock limited company, all shareholders or promoters must enter into the articles of association, and must submit it to the company registration authority for registration when the company is registered
2. Authenticity. Authenticity mainly emphasizes that the contents recorded in the articles of association must be objective and consistent with the reality
legal effect
once the articles of association come into force, they will be legally binding. The characteristics of the association rules of the articles of association determine the validity of the articles of association to the members of the company and shareholders, and to the directors, supervisors and managers of the company. China's "company law" stipulates: "to establish a company, the articles of association must be formulated in accordance with this law." The articles of association are binding on the company, shareholders, directors, supervisors and managers
The articles of association is the basic principle of the organization and behavior of the company, and the company must abide by and implement the articles of association. According to the articles of association, the company has obligations to shareholders. Therefore, once the company infringes on the rights and interests of shareholders, shareholders can file a lawsuit against the company in accordance with the articles of association The articles of association are the autonomous rules of the company. Every shareholder, whether they participate in the formulation of the company's initial articles of association or join the company e to the subscription or transfer of the company's shares, the articles of association have contractual binding force on them. The shareholders must abide by the provisions of the articles of association and have obligations to the companyPrint at the local administration for Instry and commerce
once the articles of association come into force, it will be legally binding. The characteristics of the association rules of the articles of association determine the validity of the articles of association to the members of the company and shareholders, and to the directors, supervisors and managers of the company
the articles of association is the basic principle of the organization and behavior of the company, and the company must abide by and implement the articles of association. According to the articles of association, the company has obligations to shareholders. Therefore, once the company infringes on the rights and interests of shareholders, shareholders can file a lawsuit against the company in accordance with the articles of association
in case of any of the following circumstances, the company shall amend the articles of association:
1. After the company law or relevant laws and administrative regulations are amended, the matters stipulated in the articles of association conflict with the provisions of the amended laws and administrative regulations
2. The situation of the company has changed, which is inconsistent with the items recorded in the articles of association
The general meeting of shareholders decided to amend the articles of association(2) the special seal for finance is used to issue company bills. Cheques need to be stamped when they are issued, which is usually called the bank seal
(3) special seal for contract, as the name suggests, usually needs to be stamped when a company signs a contract
(4) legal representative's seal: it is used for specific purposes. When a company issues bills, it should also be stamped with this seal, which is usually called the bank's small seal
(5) the special seal for invoice needs to be stamped when the company issues the invoice
2. What if the seal is stolen, robbed or lost
first of all, because the official seal has been put on record in the public security organ, the legal representative should take the original and of the ID card, the original and of the business license to the police station under the jurisdiction of the place where the official seal is lost and get the report certificate
then the original and of the report certificate should be held; The original and of the plicate of the business license shall be published in the daily newspapers at or above the municipal level, and the official seal shall be invalid
after the above proceres, if the seal is stolen, the enterprise will not be responsible for the dispute arising from the use of the seal
3. If the contract is not stamped with a valid official seal but signed by a legal representative, is the contract valid
the answer is valid unless it is agreed that the contract shall be signed and sealed
Article 32 of the contract law stipulates: "if the parties conclude a contract in the form of a contract, the contract is formed when both parties sign or seal it“ Because the legal representative represents the company when engaging in civil activities in the name of the company, only the signature of the legal representative can make the contract come into effect
similarly, although there is no official seal, if the person signing the contract is authorized by the company, the contract is also valid< 4. Is the guarantee contract signed by others in private valid when the official seal is lent to others
as an independent enterprise legal person, the company seal is the tangible representative and legal certificate of its external activities. The person in charge or other management personnel of the company, after being authorized by the company, is only the temporary holder and keeper of the seal. The company shall bear the responsibility for the rights and obligations arising from the exercise of the company seal, not the holder or keeper. If the company voluntarily lends the company seal to others for use, it shall be deemed that the company authorizes others to use the company seal, and the rights and obligations arising from the seal shall be borne by the company. Therefore, the guarantee contract that the official seal is lent to others and signed privately is effective, and the company needs to bear the guarantee liability
v. is the seal of the branch company valid
although the branch company has no independent legal person status, it also obtains the business license and can become the defendant in civil litigation. Therefore, if the seal of the branch company is stamped on the contract, it is generally recognized that the contract is valid and the relevant civil liability is borne by the head office.
when you go to the Public Security Bureau for filing, you need to provide the following materials: if the name of the enterprise is changed, the original and of the enterprise (name) change registration notice, the of the business license, the original official seal, the ID card and of the operator, and the authorization certificate of the engraving unit issued by the licensing instry and Commerce Bureau.
Every company is different. It's better to call the Bureau of migrant workers
The following materials are required:
the company's staff can check and the company's registration files (including the articles of association) with their business license (original ), company introction letter and their ID card (work card); The legal representative and the shareholder can consult and the registration files of the company with their ID cards
formulation:
the articles of association of a limited liability company shall be jointly formulated by the shareholders, and shall be signed and sealed by the shareholders upon the unanimous consent of all shareholders. Amendments to the articles of association must be approved by shareholders representing more than two-thirds of the voting rights
extended materials
relevant provisions:
I. The model articles of association are for reference only. The parties may make amendments according to the specific conditions of the company, but the necessary provisions stipulated by laws and regulations shall not be deleted. The discussion methods and voting proceres of the company's organizational structure must be specified in the articles of association
(2) the bold words in the model articles of association are suggestive or optional clauses. When the parties choose, they should pay attention to the consistency of the former and the latter clauses. For example, if the executive director is selected in Chapter V, the provisions on the board of directors should be deleted. In Chapter 6, when selecting supervisors, the provisions on the board of supervisors should be deleted (3) after the parties formulate the articles of association according to the model articles of association, it shall be printed separately, with the signature of the natural person shareholder, the seal of the legal person shareholder and the signature of the legal representative or agent2. Power of attorney (with official seal)
3. Original and of operator's ID card (with official seal)
