I. Business License
Business license is a certificate issued by the administrative department for industry and commerce to industrial and commercial enterprises and individual operators to engage in certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce.
The registered items include: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. Business licenses are divided into originals and duplicates, which have the same legal effect. The original shall be placed in a prominent position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred.
Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, engrave official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.
Two. Matters needing attention in handling business license
1. The Business License of Enterprise as a Legal Person and the Business License are divided into originals and duplicates, which have the same legal effect. The original should be placed in a prominent position in the residence.
2. If an enterprise changes its registered items, it shall timely apply to the original registration authority for registration of change; If the change of registered items involves the business license of an enterprise as a legal person or the items specified in the business license, a new photo shall be issued. Without the approval of the change of registration, the enterprise shall not change the registered items without authorization.
3. Every year from June 65438+1 October1day to April 30, the registration authority conducts annual inspection of the enterprise. At the same time, stamp the annual inspection mark on the original and duplicate of the business license. From March 20 14, the Administration for Industry and Commerce stopped the annual inspection of companies with business licenses, such as limited companies, joint stock companies, unincorporated enterprises as legal persons, partnerships, sole proprietorship enterprises and their branches, foreign (regional) enterprises engaged in business activities in China, and other business units.
4. No unit or individual may forge, alter, lease, lend or transfer the business license. In addition to the annual inspection mark, no other contents shall be pasted on the business license.
5. If an enterprise needs to provide a copy of its business license to the relevant departments due to relevant examination and approval, filing procedures or other reasons, it shall submit a written application report to the enterprise registration authority, and the copy can be copied only after it is approved by the registration authority, and the copy of the business license shall be stamped with the special seal of the registration authority, otherwise the copy will be invalid.
6. If the original or duplicate of the business license is lost or damaged, it shall immediately publish relevant announcements in newspapers and periodicals, stating that the lost or damaged business license is invalid. Enterprises must rely on the Notice of Loss Reporting of Business License, fill in the Application Form for Loss Reporting and Replacement of Business License, and apply to the original registration authority for a new photo.
7. Forge, alter, lease, lend or transfer the business license, and the registration authority shall impose a fine of more than 30,000 yuan; Impose a fine of 654.38+00,000 yuan and 654.38+00,000 yuan on the company; If the circumstances are serious, the business license shall be revoked. If a crime is constituted, criminal responsibility shall be investigated according to law.
8. If the original business license is not placed in a conspicuous position in the enterprise residence, the registration authority shall impose a fine of 65,438 yuan to 5,000 yuan.
9. An enterprise shall not copy its business license by itself. Anyone who copies without the permission of the registration authority shall be fined 2000 yuan once found.
According to the current laws and financial regulations, the newly issued business license can not be directly used as loan collateral. Loan collateral generally refers to assets with stable value and liquidity, such as real estate and vehicles. Although the business license is an important certification document of the enterprise, it does not have direct value and liquidity. However, the business license can be used as a part of enterprise credit to help enterprises obtain loans. When banks and financial institutions consider loans, they will comprehensively consider the operating conditions, financial conditions, credit records and other factors of the enterprise. Therefore, if you have a new business license, it can be used as proof of enterprise credit and improve the success rate of loan application. Whether you can finally get a loan depends on the specific situation and the bank's policy. It is recommended that you consult a professional financial institution or lawyer for more detailed and accurate information.
Legal basis:
Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises (revised on 20 17);
Chapter III Financing Promotion Article 21 The people's governments at or above the county level shall establish a policy credit guarantee system for small and medium-sized enterprises, and encourage various guarantee institutions to provide credit guarantees for the financing of small and medium-sized enterprises.