A sole proprietorship enterprise must first have an application form to change into a partnership enterprise. As the name implies, a partnership enterprise must have at least two shareholders, and both parties shall sign a contract through consultation.
Change process:
(1) Writing an application for the restructuring of a sole proprietorship enterprise into a partnership enterprise, and requiring at least two shareholders;
(two) to prepare and submit the restructuring materials, it is necessary to cancel the sole proprietorship enterprise first.
1, business license materials of the sole proprietorship enterprise, tax and IC card materials of the original company;
2, apply for cancellation of registration of a sole proprietorship enterprise (and need to be signed by investors and liquidators);
3. Provide company liquidation report, creditor's rights and debts guarantee, tax payment certificate and seal, and some materials need to be signed by investors and liquidators;
4. See whether the sole proprietorship enterprise has branches, and if so, it needs to go through cancellation registration and provide cancellation certificate;
(3) Obtaining the business license of the partnership enterprise and handling other tax and banking matters.
II. Materials to be submitted by a sole proprietorship enterprise and the following documents shall be submitted when investors are required to apply for the establishment of a sole proprietorship enterprise:
(1) An Application for Registration of the Establishment of a Sole proprietorship enterprise signed by the investor (received and signed by the investor);
If the investor contributes with personal property or with property owned by his family, it shall be specified in the application for establishment;
(2) Power of Attorney for Enterprise (Company) to Apply for Registration (received and signed by the investor), which shall indicate the specific entrusted matters and the authority of the principal;
(3) Certificate of enterprise domicile;
(4) the identity certificate of the investor;
Submit the investor's resident identity card or household registration certificate, and submit a copy, which shall be signed by the investor and checked by the registration authority.
(5) Other documents required by the State Administration for Industry and Commerce.
Engaged in the business that must be reported to the relevant departments for examination and approval according to laws and administrative regulations, and submit the approval documents of the relevant departments.
If the above items are not indicated as copies, the originals shall generally be submitted; Where a copy is submitted, it shall be signed by the investor or an agent with entrusted authority and signed by the investor, indicating that it is consistent with the original.
Third, the reasons why a sole proprietorship enterprise bears unlimited liability First, the behavior of a sole proprietorship enterprise is purely an investor's personal management behavior, unlike a corporate enterprise (limited liability company), which has the behavior of collective management. However, the behavior of individual management is arbitrary and lacks binding, and the collective management is relatively stable and restrictive. The profit and loss of an enterprise's operating benefits come from the management decision-making level, and the profit and loss directly affect the repayment of debts.
Second, the openness of the enterprise's property use and disposal determines the fairness of taking responsibility. The owner of a sole proprietorship enterprise is completely concealed or undisclosed in the use and disposal of the property of the enterprise, which is not as open and transparent as a corporate enterprise, and has a mechanism of mutual supervision (such as shareholders' meeting, board of directors, board of supervisors, etc.). A sole proprietorship enterprise is essentially no different from the family management mode in property fund management, which will inevitably lead to unclear income and expenditure, unclear profit and loss, and some even unclear creditor's rights and debts.
The above is the editor's introduction to the steps of changing a sole proprietorship enterprise into a partnership enterprise. I hope it will be helpful to you. According to the relevant knowledge, when the nature of an enterprise wants to change, it needs to go through relevant legal procedures.