Question: Dear Lawyer, Our company wishes to change the legal representative to a foreign national, specifically a Chinese citizen. Therefore, we would like to seek your legal advice on the procedures and steps required to carry out the above-mentioned procedure with the state authorities.
Answer:
Legal Basis:
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Regarding the procedures:
Step 1: Terminating the labor contract with former legal representative
Step 2: Completing the payment of all benefits upon termination of the labor contract
Step 3: Issuance of the decision on changing the legal representative
Step 4: Prepare and submit documents for registration of business changes
Step 5: Receive documents and provide results
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Regarding the application documents
2.1. Step 1 application includes:
- Agreement on the termination of the labor contract.
2.2. Step 2 application includes:
- Agreement on the termination of the labor contract;
- Payment documents for amounts related to the rights of each party (e.g., payment documents for salary, personal income tax, social insurance, unemployment insurance, health insurance, etc.).
2.3. Step 3 application includes:
- Decision of the owner regarding the change of the legal representative.
2.4. Step 4 application includes:
- Notice of change of legal representative;
- Certified/notarized copy of legal documents (passport) of the new legal representative;
- Decision of the owner regarding the change of the legal representative;
- Power of attorney for the person submitting the application;
- Certified/notarized copy of the legal documents of the person submitting the application.
2.5. Step 5 application includes:
Amended Certificate of Business Registration, acknowledging the new legal representative of the company.
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