First of all, I want to tell you the definition of individual industrial and commercial households.
Individual industrial and commercial households can operate individually or at home.
Personal business, with all personal property to bear civil liability; Family business, with all family property to bear civil liability.
Individual industrial and commercial households are natural persons, not legal persons. Please clearly distinguish between concepts,
You and your friends are definitely not a family business model, but a personal business model. From a legal point of view,
The name of the operator in the business license is your friend, so the factory belongs to your friend completely, and the debts generated by this factory should be borne by your friend, and you are legally exempt.
Now, your friend broke up with you,
But now the operator on the business license of this individual industrial and commercial household is still him.
So this factory still belongs to your friend's personal property legally,
Banks can recover loans by applying to the court for enforcement, sealing up and auctioning the assets of this factory.
But if you get a new business license, then the factory belongs to you and has no affiliation with your friends, so you don't have to worry about bank debt collection.
Because the actual owner of this factory has changed,
Moreover, laws and regulations stipulate that individual industrial and commercial households cannot change their operators.
Individual industrial and commercial households shall re-apply for registration when they change their operators.
So you must apply for your business license for individual industrial and commercial households as soon as possible.
Laws and regulations stipulate that the business license and its copy and temporary business license shall not be lent, sold, leased, altered or forged. Those who lend, sell, lease or alter their business licenses and their duplicates and temporary business licenses shall have their illegal income confiscated and may be fined up to 5,000 yuan. If the circumstances are serious, the business license shall be revoked.
There are the following risks in handling the business license of individual industrial and commercial households in the name of others.
Individual industrial and commercial households exercise their rights (such as the creditor's rights and income rights of individual industrial and commercial households, etc.). ) and bear civil liability (such as the debts of individual industrial and commercial households, etc.). ) and the operator specified in its business license. In practice, handling the business license of individual industrial and commercial households in the name of others is prone to civil rights disputes between the actual investor, the entrusted operator and the third party.
The solution to this problem is to cancel the registration of individual industrial and commercial households applying for "nominal person" and re-apply for the business license of individual industrial and commercial households in the name of actual investors (operators). The name of the newly established individual industrial and commercial households can be the same as the name of the cancelled individual industrial and commercial households, and the cancelled individual industrial and commercial households do not need to bear the creditor's rights and debts of the newly established individual industrial and commercial households.