The business scope of the company is to determine the mode of production and operation of the whole company, so the business scope of the company should be clear when the company is established, but it can also be changed for the development needs of the company. Therefore, the second brother of the enterprise will introduce to you the knowledge about the change of the company's business scope, such as what special requirements are there, and hope to help you solve the corresponding problems.

Article 12 of the Company Law of China clearly stipulates that the business scope of a company is regulated by its articles of association and registered according to law. A company may amend its articles of association and change its business scope, but it shall go through the registration of change. Items within the company's business scope that must be approved according to laws and administrative regulations shall be approved according to law.

The business scope of the company refers to the fields involved in the business activities of the company, which is specifically reflected in what kind of production projects, business types, services, etc. the company has. The company needs to have a certain business scope in order to carry out business activities. At the same time, the determination of the company's business scope also involves the following factors:

1. It is convenient for investors to understand the investment direction of the company's funds, that is, the project invested with funds and the existing or possible risks of the project;

2. Determine the general scope of the company's business activities, which is conducive to the professional development of the company's business activities;

3. It is conducive to the directors, supervisors, managers and other senior managers of the company to understand the development prospects and direction of efforts of the company;

4. It is conducive to establishing and maintaining a certain management order and business order, and preventing the disorder of market competition.

According to the provisions of the Company Law, the business scope of the Company is stipulated by the Articles of Association. As an enterprise legal person, the company enjoys the autonomy of operation according to law, so it should have the right to independently decide what field to engage in business activities. Therefore, the company's business scope should not be determined or designated by the government administrative department, but should be determined by the company itself, which is in line with the basic requirements of the socialist market economy. The Articles of Association, as the basic rules of the company's organization and behavior, stipulates the company's type, purpose, organizational structure and other major issues related to the company's fundamental and directional nature, providing a basic criterion for the company's establishment and operation after its establishment. Therefore, the company's business scope should be stipulated by the company's articles of association, which is also the common practice of all countries.

The business scope of the company must be registered according to law. A company that changes its business scope must go through change registration according to law. After its establishment, the company shall engage in business activities within its registered business scope. However, due to changes in subjective and objective conditions, the company's business scope is not fixed. The company can change its business scope, expand its business scope or narrow its business scope as required, which is allowed by law. However, if the company decides to change its business scope, it shall go through legal procedures.

2、 Provisions on the Administration of Registration of Business Scope of Enterprises

Article 1 These Provisions are formulated in accordance with the relevant laws and administrative regulations on the administration of enterprise registration in order to standardize the administration of the registration of the business scope of enterprises, standardize the business operations of enterprises, and safeguard the legitimate rights and interests of enterprises.

Article 2 These Provisions shall apply to enterprises registered within the territory of the People's Republic of China.

Article 3 The business scope refers to the business scope of the enterprise engaged in business activities, which shall be registered with the enterprise registration authority according to law.

The applicant shall select one or more sub categories, medium categories or large categories according to the Classification of National Economic Industries to apply for the registration of business scope. For emerging industries or specific business projects that are not standardized in the Classification of National Economic Industries, applications can be made with reference to policy documents, industry customs or professional literature.

The business scope of the enterprise shall be consistent with the provisions of the articles of association or the partnership agreement. If the business scope changes, the enterprise shall amend its articles of association or partnership agreement and apply to the enterprise registration authority for registration of change.

Article 4 Where the business scope of an enterprise applying for registration belongs to the business items that are required to be approved before registration by laws, administrative regulations or decisions of the State Council (hereinafter referred to as pre licensing business items), it shall report to the relevant departments for approval before applying for registration, and then apply to the enterprise registration authority for registration on the strength of the approval documents and certificates of the examination and approval authority.

If the business scope applied for registration by an enterprise belongs to the business items that must be approved after registration as required by laws, administrative regulations or decisions of the State Council (hereinafter referred to as post licensed business items), the business activities of post licensed business items shall be carried out only after they have been approved and registered by the enterprise registration authority according to law, and they shall be reported to the relevant departments for approval.

Article 5 The enterprise registration authority shall register the pre licensed business items in accordance with the approval documents and certificates of the examination and approval authority. If the approval documents and certificates do not describe the pre licensed business items, they shall be registered in accordance with the relevant laws, administrative regulations or the provisions of the decisions of the State Council and the National Economic Industry Classification.

For business items other than pre licensed business items, the enterprise registration authority shall register them according to the articles of association, partnership agreement or application of the enterprise, with reference to the National Economic Industry Classification and relevant policy documents, industry customs or professional literature.

The enterprise registration authority shall mark the business scope with "(Items that must be approved according to law can only be operated after being approved by the relevant departments)".

Article 6 Where the business scope of an enterprise includes licensed business items, the enterprise shall, within 20 working days from the date of obtaining the approval document and certificate from the examination and approval authority, publicize the approval document, the name of the certificate, the examination and approval authority, the approved content, the validity period and other matters to the public through the enterprise credit information publicity system. Where the business scope applied for by the enterprise at the time of establishment includes pre licensed business items, the enterprise shall publicize them to the public within 20 working days from the date of establishment.

If the approval documents and certificates of the examination and approval authority are changed, the enterprise shall, within 20 working days from the date of approval of the change, publicize the relevant changes to the society through the enterprise credit information publicity system.

Article 7 The business scope of an enterprise shall include or reflect the trade or business characteristics in its name. For an enterprise engaged in cross industry business, the industry to which the first business item in its business scope belongs is the industry of the enterprise.

Article 8 An enterprise that intends to change its business scope shall apply to the enterprise registration authority for registration of change within 30 days from the date when the enterprise makes a resolution or decision on the change. Where a partnership enterprise or a sole proprietorship enterprise changes its business scope, it shall apply to the enterprise registration authority for registration of change within 15 days from the date of making the decision of change.

If the change of business scope of an enterprise involves a pre licensed business item, or its approval documents and certificates are changed, it shall apply to the enterprise registration authority for registration of change with the approval documents and certificates within 30 days from the date of approval by the examination and approval authority.

If the change of the business scope of an enterprise involves a post licensed business item, and the terms of the business item recorded in the approval document and certificate are inconsistent with the original registration statement or have changed, the enterprise may apply to the enterprise registration authority for registration of change on the strength of the approval document and certificate.

Article 9 Where an enterprise newly established due to division or merger applies to engage in pre licensed business projects, it shall apply to the enterprise registration authority for registration on the strength of the approval documents and certificates of the examination and approval authority; Where an enterprise that survives due to division or merger applies to engage in pre licensed business projects, if it has been approved by the examination and approval authority before the registration of change, it does not need to go through the examination and approval procedures again.

Article 10 If an enterprise changes its type, it does not need to go through the examination and approval procedures again for the pre licensed business items that have been approved by the examination and approval authority before the change of type. Except as otherwise provided by laws, administrative regulations or decisions of the State Council.

Article 11 Where an enterprise changes its contributor, it does not need to go through the examination and approval procedures again after changing the contributor for the pre-approval business project that has been approved by the original examination and approval authority. Except as otherwise provided by laws, administrative regulations or decisions of the State Council.

Where the investor of an enterprise changes from a domestic investor to a foreign investor, or the investor of an enterprise changes from a foreign investor to a domestic investor, the enterprise registration authority shall re register the business scope in accordance with the approval documents and certificates of the examination and approval authority.

Article 12 The business scope of a branch that cannot independently bear civil liability (hereinafter referred to as a branch) shall not exceed the business scope of the enterprise to which it belongs. Except as otherwise provided by laws, administrative regulations or decisions of the State Council.

If the examination and approval authority separately approves a branch to operate a pre licensed business project, the enterprise shall apply for increasing the corresponding business scope by presenting the approval document and certificate of the branch's pre licensed business project, and mark the words "(branch operation)" after the application for increasing the business scope.

If the business items of the enterprise to which the branch is subordinate are pre licensed, they shall be reported to the examination and approval authority for approval. Except as otherwise provided by laws, administrative regulations or decisions of the State Council.

Article 13 The enterprise registration authority shall not register the business scope applied for by an enterprise under any of the following circumstances:

（1） It is a pre licensed business project and cannot submit the approval documents and certificates of the examination and approval authority;

（2） Laws, administrative regulations or decisions of the State Council stipulate that enterprises in specific industries can only engage in approved projects while enterprises apply for other projects;

（3） The enterprise is prohibited from operating by laws, administrative regulations or decisions of the State Council.

Article 14 Under the following circumstances, an enterprise shall stop the operation of the relevant items and apply to the enterprise registration authority in a timely manner for the change or cancellation of the registration of its business scope:

（1） The enterprise fails to apply for approval and obtain approval according to relevant regulations after the business items in the business scope that are not included in the pre licensing business items are adjusted to pre licensing business items due to laws, administrative regulations or the decision of the State Council;

（2） The pre licensed business items in the business scope are re examined and approved in accordance with laws, administrative regulations or the decisions of the State Council, and the enterprise fails to apply for examination and approval in accordance with relevant regulations and obtain approval;

（3） For pre licensed business items within the business scope, the business term approved by the examination and approval authority expires, and the enterprise fails to re apply for approval and obtain approval;

（4） The pre licensed business item within the business scope is revoked, or the license or other approval documents are revoked.

Article 15 Enterprises that engage in business activities without approval or registration shall be investigated and dealt with in accordance with the provisions of relevant laws and regulations.

Article 16 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Provisions.

3、 Information required for the change of the company's business scope

1. The original of the company's application for changing the business scope;

2. The highest authority of the company unanimously passed the resolution on changing the business scope;

3. The original of the amendment agreement of the company's contract and articles of association, and the copies of the enterprise's original contract and articles of association are also required for some businesses;

4. Copy of capital verification report;

5. Copy of approval certificate of the company;

6. Copy of the company's business license;

7. If the company increases wholesale and commission agency business, it shall also submit the original import and export commodity catalogue.

For more business scope information, please pay attention to the second brother