1. Deregister the individual business owner and register a new company according to the procedures for establishing a limited company. When choosing a new company name, give priority to the name with the original font size. Registered trademarks, etc. can also be invested in new companies as intangible assets in accordance with regulations;
2. Individual industrial and commercial households can also be converted into limited companies through enterprise conversion. An enterprise transfer means that a registered individual business owner is upgraded to an enterprise. The type of enterprise after transformation and upgrading is generally a limited liability company. Under special circumstances, it can also be transformed and upgraded to a partnership or a sole proprietorship.
The conditions that need to be met when converting a self-employed person into a company include:
1. A self-employed operator must be an investor in the company after converting into a company;
2. A self-employed person has his own individual name;
3. The business location of a self-employed person remains unchanged after being converted into a company;
4. After a self-employed person is converted into a company, the prefix in the business scope will not be increased. Licensed projects;
5. The business projects of self-employed individuals must comply with national industry development policies;
6. The registration authority for self-employed individuals and after conversion to a company is the same;
7. The self-employed business owner was not sealed up before being converted into a company, and there were no pending cases investigated and dealt with.
Procedure for converting a self-employed person into a company:
(1) Apply for pre-approval of upgrading the name of the enterprise
The applicant submits the pre-approval of the name of the proposed enterprise to the registration window of the Industrial and Commercial Bureau Apply and receive the "Notice of Pre-approval of Enterprise Name" after approval. When applying for pre-approval of the name of the upgraded enterprise, the applicant should submit the following materials:
1. Application form for pre-approval of the name of the upgraded enterprise;
2. The upgraded enterprise shall continue to use the name of the individual industrial and commercial household If the name is changed, a document signed by the individual industrial and commercial household operator agreeing to upgrade the company's trade name and a copy of the individual industrial and commercial household's business license should also be submitted.
(2) Deregistration of individual industrial and commercial households
Upgrading enterprises should apply to the commercial authorities at the place of original registration to fill in the "Application Form for Deregistration of Individual Industrial and Commercial Households" and a copy of the business license of individual industrial and commercial households. , the original business license can be returned when you receive the upgraded corporate legal person business license, and receive the "Notice of Deregistration of Individual Industrial and Commercial Households".
(3) Apply for pre-approval license documents
Upgraded enterprises continue to engage in projects for which the original individual industrial and commercial households have obtained pre-approval licenses (investors, domiciles and pre-approval projects) If there is no change, the original license documents and certificates can still be used). The applicant must hold the "Notice of Pre-approval of Enterprise Name", "Certificate of Individual Industrial and Commercial Households Proposed to Upgrade and Establish an Enterprise" and the original pre-approval license documents and approval authorities. Relevant application materials are required to be submitted to the industrial and commercial department for registration. If the pre-licensing has changed, the transformation and upgrading enterprise shall go to the relevant department after its establishment to go through the procedures for changing the pre-licensing documents and certificates, and then go to the industrial and commercial department for filing or processing. change.
(4) Handling the establishment of upgraded enterprises
Application materials for registration of upgraded enterprises:.
1. Notice of pre-approval of name.
2. Upgraded related types of enterprise materials (for details, please see the national bureau registration specification materials).
3. A copy of the "Notice of Deregistration of Individual Industrial and Commercial Households".
In the following circumstances, new approval materials are no longer required and you can only submit copies of corresponding documents:
1. Pre-approvals for fire protection, environmental protection, etc. are not issued to specific entities. , there is no need to submit it when registering the establishment of an upgraded enterprise (except for relevant approval documents that have expired);
2. The upgraded enterprise does not change its production and business premises (residence), and the business premises are still within the valid period of use. If the enterprise is established, only a copy of the ownership certificate of the original residence must be submitted when establishing an upgraded enterprise.
Legal Basis
"Measures for the Registration and Management of Individual Industrial and Commercial Households"
Article 39
Application by an individual industrial and commercial household to transform into an enterprise If the organization form is different, the registration authority shall provide it with conveniences in terms of continuing to use the original name and trade name, maintaining the continuity of industrial and commercial registration files and other aspects of the transformation of the market entity's organizational form, as well as relevant policies, regulations and information consulting services.