Editor's note:
In order to implement the package of policies and measures for the State Council to stabilize the economy, further increase efforts to alleviate difficulties and develop, and help individual industrial and commercial households stabilize production and operation and expand employment stably, in combination with the "Yuhua District Individual Industrial and Commercial Household Service Month" activity, the Yuhua District Market Supervision Bureau has jointly launched a series of "one question and one answer" columns in the individual industrial and commercial households, which will cover preferential policies such as registration, tax and fee reduction, inclusive finance, rent reduction, entrepreneurship and employment, as well as relevant laws and regulations, and actively create a strong atmosphere for the whole society to care for individual industrial and commercial households.
One Q&A
Individual business
Registration and registration
2022 hot questions answers
Yuhua District Individual business servicing month
Materials How to identify
people without civil capacity can do it
How to transfer to enterprises
What to do if you transfer to a business
ml5
family relationship proof is
How to change registration
I believe this is
The most concerned issue of many individual business owners
Below
Come and see the answer with Huahua~
01
How should individual business owners register if they change operators?
Registration of individual industrial and commercial households belongs to the business behavior registration of natural persons. If an individual industrial and commercial household changes the operator, it shall operate in accordance with the principle of "one cancellation, one new establishment". If both operators apply for processing at the same time, the newly established individual business owners can continue to use the original individual business owner name, and the relevant procedures can be handled in conjunction.
02
If individual business households change their composition form and family members whose family participates in business, what proof documents should be proved?
When registering the changes in the composition form of the individual business households and family members whose family participates in the business, they can use a copy of the resident household registration book, a copy of the marriage certificate, etc. that can explain the relationship between the family members, and a copy of the identity document of the family members involved in the business as submission materials.
03
Who should sign the business of family-run individual business households when handling business additions, reductions, supplements, replacements, and renewals?
Family-run self-employed individuals are signed by the operator in charge.
04
According to Article 6 of the Implementation Rules, the registration matters of individual industrial and commercial households do not include the capital contribution. How should individual industrial and commercial households want to change the capital contribution?
"Implementation Rules for the Regulations on the Registration and Management of Market Subjects" stipulates that if the amount of capital contribution does not belong to the registration matters of individual industrial and commercial households, and if the capital contribution information needs to be adjusted, the information can be adjusted at the same time when handling other changes or filing matters.
05
What identification documents should a natural person apply for registration as a shareholder of a limited liability company in the name of an individual industrial and commercial household?
Natural persons apply for registration as shareholders of a limited liability company in the name of an individual industrial and commercial household, and shall apply for registration directly as a natural person and submit a copy of their ID card.
06
For individual industrial and commercial households who use online business premises provided by e-commerce platforms to register, if the address recorded in the operator's ID card is inconsistent with their current actual residence and is not within the jurisdiction of the same registration authority, can they register for individual industrial and commercial households?
According to the registration requirements of individual business households on the Internet, the market supervision and management departments of the operator's residence shall be the registration authority for the county, autonomous county, municipal and district where the operator's residence is located. If the operator's residence is inconsistent with the address stated in the operator's resident ID card, you can apply to the market supervision and management department of the county, autonomous county, city without district, or district, and city-level market supervision and management department, and provide the residence proof materials for the place of residence (original or copy) of the place of residence. If a Hong Kong, Macao and Taiwan residents apply to establish an individual business household using the online business premises as a business premises, the registration jurisdiction shall be determined based on the Hong Kong, Macao residents' residence permit and the Taiwan residents' residence permit.
07
Individual industrial and commercial households have been transformed into enterprise organizational form. Has the unified social credit code changed?
According to Article 37, paragraph 3 of the "Implementation Rules for the Registration Management Regulations on Market Entity Registration Management", individual industrial and commercial households shall apply for registration in accordance with the conditions for setting up the enterprise type to be changed. When handling related business, the applicant submits an application according to the new establishment of the enterprise, and at the same time cancels the original individual business and business households and regenerates a new unified social credit code. Localities are encouraged to establish relationships between original individual industrial and commercial households and enterprises, and add the original individual industrial and commercial household names and unified social credit codes to enterprise information query.
08
Can a person without civil capacity or person with limited civil capacity apply for registration as an operator of an individual industrial and commercial household?
cannot. Individual industrial and commercial households are market entities that should be registered in accordance with the law with natural persons as operators. Article 2 of the "Individual Industrial and Commercial Households Regulations" clearly stipulates that only "citizens with business capabilities" can become operators of individual industrial and commercial households. According to Article 20 of the Civil Code, "A minor under the age of eight is a person without civil capacity, and his legal representative shall act on behalf of the civil legal acts", Article 21 "Adults who cannot recognize their own behavior are person without civil capacity, and his legal representative shall act on behalf of the civil legal acts. If a minor over the age of eight cannot recognize his own behavior, the provisions of the preceding paragraph shall apply", and Article 22 "Adults who cannot fully recognize their own behavior are persons with limited civil capacity, and the civil legal acts shall be represented by their legal representatives or with the consent or ratification of their legal representatives; however, they may independently perform civil legal acts that are purely profitable or civil legal acts that are appropriate to their intellectual and mental health status."
In view of the fact that business activities are not for pure profit, the legal representative of a person without civil capacity or a person with limited civil capacity cannot agree or ratify each transaction one by one. If the individual cannot independently perform relevant civil legal acts, a person without civil capacity or a person with limited civil capacity is not suitable to register as an individual industrial and commercial household.
If the inheritance occurs, if the heir to be changed to the operator is a person without civil capacity or a person with limited civil capacity, if an individual industrial and commercial household no longer operates, the registration shall be cancelled after the transfer of relevant property rights and interests; if an individual industrial and commercial household needs to continue operating, the operator must be changed. In accordance with Article 23 of the Civil Code, "The guardian of a person without civil capacity and a person with limited civil capacity is his legal agent" and if the legal agent continues to operate, the applicant must submit the legal guardian's supporting documents and the legal guardian's agency business commitment letter (in principle, it states the responsibility bearer during the agency period, the method of responsibility, etc., and the registration authority will clarify the content of the commitment letter based on actual conditions), and directly change the operator to his legal agent. If an operator other than the legal agent is registered, the procedure shall be handled in accordance with the principle of "one note and one establishment".
09
"Specifications on Submission Materials for Change of Individual Industrial and Commercial Households", if the operator changes due to inheritance, submit "notarized materials or effective legal documents and other inheritance proof materials". How to identify the materials? Are marriage certificates and household registration books considered inheritance certificates?
If the operator changes due to inheritance, submit death certificates, wills or all legal heirs’ agreement on property rights distribution, and kinship relationship materials with the deceased, etc., or submit notarized "Notary Certificate of Inheritance" or effective legal documents. If the division of inheritance relationships is unclear, the change registration or cancellation registration shall be completed after confirmation through judicial channels.
The death certificate includes: a death certificate issued by a medical institution, a death certificate issued by a public security organ or a cancellation certificate indicating the date of death, a judgment of the people's court to declare death, other materials that can prove the death of the deceased, etc.
kinship certificates include: household registration book, marriage certificate, adoption certificate, birth medical certificate, proof materials issued by the public security organs, village committees, neighborhood committees, deceased or heir units, and other materials that can prove the relevant kinship relationship.
The heirs' certification on the allocation of inheritance shares includes: property rights distribution agreement, notarized "Inheritance Right Notarization", people's mediation agreement, lawyer's certificate, or other effective legal documents. If the division of inheritance relationships is unclear, the change or cancellation of the registration shall be completed after confirmation through judicial channels.
In the registration practice, localities can discuss each matter and deal with it in a classified manner according to specific circumstances.
10
How to fill in the business address of individual business owners as the online business address?
All regions can optimize the process of the electronic registration system throughout the process, and add check boxes and fill-in boxes for online business premises.
11
According to the "Several Opinions on the Application of Taiwan Farmers to Registration and Management of Individual Industrial and Commercial Households in Cross-Strait Agricultural Cooperation Pilot Zone and Taiwan Farmers Entrepreneurship Park", when Taiwanese Farmers to Apply for Individual Industrial and Commercial Households, does the registration department need to collect the area of business premises and the number of employees?
Considering that the applicant's residence certificate materials have already contained "business place area" information, and the "number of practitioners" has been collected in the "'Multiple Certificate-In-One' Government Department Shared Information Item". Therefore, if Taiwanese farmers apply for individual business households, the registration authority will no longer collect the "area of business premises and number of employees" matters separately.
12
How do foreigners conduct real-name verification?
's requirements on identity authentication of foreign personnel shall be implemented in accordance with the "Notice of the State Administration for Market Regulation on Implementing the "Foreign Investment Law" to Do a Good Job in Registration of Foreign-invested Enterprises" (Guoshi Supervision Note [2019] No. 247) and the "Submission Materials" on the qualification documents or identity certificates of foreigners, Hong Kong, Macao and Taiwan personnel.
Foreign investors shall submit a certificate of qualification or identity certificate that is notarized overseas and certified by Chinese embassy (consulate) in that country. Among them, if the identity certificate file submitted by a foreign natural person is a passport with a permanent residence ID card of a foreigner of the People's Republic of China, a passport with a visa to the Chinese embassy (consulate) and a confirmation of the entry procedures by the Chinese immigration and exit management department, there is no need to notarize it. You only need to submit a copy that is consistent with the original signed by the applicant or the authorized agent.
Investors in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall submit notarized documents with the qualification certificate of notarized subjects or identity certificates from the local notarized agency. Among them, the identity certificate of natural person investors in the Hong Kong Special Administrative Region and the Macao Special Administrative Region is the local permanent resident ID card, the passport of the Special Administrative Region, or the Hong Kong and Macao resident residence permit issued by the mainland public security department, or the mainland entry and exit management department; if the Hong Kong and Macao resident residence permit or the mainland pass is submitted, no notarization is required. The Taiwan Resident Residence Permit issued by the mainland public security department and the Taiwan Resident Residents' Pass issued by the mainland entry and exit management department can be used as the identity certificate of natural person investors in Taiwan and does not require notarization. If notarization is not required, you only need to submit a copy that is confirmed to be consistent with the original by the applicant or the authorized agent.
If natural persons of the Hong Kong Special Administrative Region and Macao Special Administrative Region use passports to and from mainland China and Chinese citizens (overnmental Chinese) who settle abroad apply for registration with their passports, they can use the national enterprise registration identity management real-name verification system for real-name verification without offline verification of relevant documents.
Source丨Reporter Chen Jing, District Media Center Reporter Yuhua Market Supervision
Editor丨Tang Jie Editor丨Fu Yamei
Duty Deputy Editor-in-Chief丨Gaixing
Duty Editor-in-Chief丨Xiong
Duty Editor-in-Chief丨Xiang Qiyu
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