What is the procedure for changing the legal representative to a foreign national?

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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.

What is the procedure for changing the legal representative to a foreign national?
What is the procedure for changing the legal representative to a foreign national?

Answer:

Legal Basis:

  1. 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

  1. 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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