The boss can not do their own business license, want to apply for a business license in the name of the employee, said to sign an agreement by the boss to bear all the consequences, which is reliable? What is the basis?
The boss can not do their own business license, want to apply for a business license in the name of the employee, said to sign an agreement by the boss to bear all the consequences, which is reliable? What is the basis?
1, for employees, this is a risk. Because the employee as a legal representative, if the company later disputes, the court, the company can not pay the money, the other party to apply for enforcement, can apply for the employee as a legal person included in the faithless executor, take the high-speed rail, airplanes, do loans, do credit cards will be affected.
2, there are also, sometimes in the case of unknowing or do not understand, in some documents, contracts signed, especially some guarantee contracts, if the company is unable to bear, the legal person is jointly and severally liable.
3, if the company false capital contribution, evasion of capital, illegal business or other illegal acts, the legal representative can be given administrative sanctions, fines, constitutes a crime, but also be held criminally liable in accordance with the law.
So, don't be a titular legal representative.
Doing business is a long process. No one can expect that there will be a lot of details in it that there is no way to figure out. It also means that your risk is uncontrollable. How can it be okay to take on such a big responsibility for someone else? That's why it's advisable not to just lend your ID to anyone and start a business.
unreliable
With your name for the business license, you are the de facto legal person, nothing he did, once the problem, or your responsibility, then no matter how much property you have not enough to add to it!
Hello, I am Henan Xiao Ma brother, about the boss with the employee information for business license, we each have their own views, with the following video to say my personal views, I hope to help you! There are partners who like me to give a concern!
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Whether it's reliable or not has to be analyzed specifically:
First, look at the boss
What are the reasons why the owner cannot get a business license? If the owner is a civil servant, then according to the Civil Service Law, theCivil servants are not allowed to engage in business activities。
It is also possible that the owner has been administratively penalized as the legal representative of the business or has incurred civil liability.
Or the boss.Perhaps for some special reason.Doesn't want the rest of the public to know he's an investor in this business.
So it depends on what the reason is that the owner is specifically not able to apply for a business license, just because of the identity, in fact, there is not too much of a problem in all aspects of character, plus if you can sign an agreement, I do not think the risk is very great.
Second, look at the enterprise
The owner has to get this business license, which means he has toThis business that was set up, what does it do? Does it involve some high-risk industries or industries with higher risks.
If it's just a general industry, and it's also foreseeable that the business won't be transacting more large amounts of money, then the risk of helping the owner with a company won't be too high.
III. Actually, the risk goes both ways
It may look like you are helping your boss with a business license, and the risk seems to be in the employee. But the employee is a shareholder of this company and may be the legal representative of this company.
Then what is disclosed to the public must also be the information of this employee, whether it's in the form of another business partnership or contract.The employee may all make decisions on behalf of the company.
And as the owner behind the company, he or she may not be fully informed about the company. The inequality of information may also be detrimental to the rights and interests of the owner who is the investor behind the company.
To sum up, whether it is reliable or not should be analyzed specifically according to the actual situation.
Unreliable. The criminal code has multiple statutes for unit crimes, and you will go to jail if the unit commits a crime.
It is not reliable and should not be done in the name of the employee. The legal person of the enterprise is to bear all the legal responsibilities and obligations in the process of business operation. This kind of surface and substance does not match the legal representative is not allowed by the State Administration for Industry and Commerce.
This can't be helped, he could be risk shifting. The company will hold the legal representative accountable if something goes wrong!
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