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home page > Business Scope Query > The second brother of the enterprise: how to punish the company for operating beyond its scope and how to avoid punishment

The second brother of the enterprise: how to punish the company for operating beyond its scope and how to avoid punishment

Source: //www.qierge.net/business/ Author: Second Brother Enterprise: How to punish the company for operating beyond its scope and how to avoid punishment Time: 15:40, November 1, 2019 Views: 1577

The company has specified the specific business scope when registering the business license. The business scope is the business scope of the enterprise engaged in business activities, which shall be registered with the enterprise registration authority according to law. Once the business scope is exceeded, it is illegal, and will face huge fines, or even revoke the business license. How can we avoid punishment? Let's have a look!

 The second brother of the enterprise: how to punish the company for operating beyond its scope and how to avoid punishment

1、 What is out of scope operation


The business scope of the business entity approved by the industrial and commercial authority is registered and approved according to the classification of national economic industries. The operation beyond the scope refers to the behavior that the business entity engages in business activities beyond the business scope approved by the registration authority. For example, the business scope approved by the business license of a pharmaceutical company is the wholesale and retail of traditional Chinese medicine and Chinese patent medicine, but the company not only wholesales and retails traditional Chinese medicine and Chinese patent medicine, but also wholesales and retails western medicine and health care products. This behavior is beyond the scope of business. The operation beyond the scope is illegal and should bear the corresponding legal responsibility.


The company is beyond its business scope


2、 How to punish the company for operating beyond its scope?


1. In case of operation beyond the scope, a warning will be given, the illegal gains will be confiscated, and a fine of three times the illegal gains will be imposed, up to 30000 yuan;


2. If there are no illegal gains, a fine of less than 10000 yuan shall be imposed;


3. In case of illegal operation in violation of national regulations, order to suspend business for rectification, confiscate illegal income, and impose a fine of less than three times the amount of illegal income, but not more than 30000 yuan at the maximum. If there is no illegal income, impose a fine of less than 10000 yuan;


4. Those who engage in relevant business activities without authorization shall have their business licenses revoked if the circumstances are serious.


3、 How to avoid punishment when the company operates beyond its scope


1. Learn more about the company's business scope


Just like there was a hotpot shop before, it was fined 10000 yuan for selling cucumbers, and finally the shop closed down. This is because his store's business license does not say that he can sell cold dishes, but he sold them, which is beyond the scope of business. However, the manager of the hotpot shop did not know that he had gone beyond the scope of business, because he was ignorant of the law, and he had virtually violated the law;


2. The focus of business scope is different


The common business scope of various industries is often listed on the Internet. Even enterprises in the same industry have different business priorities. The business scope mainly highlights the main business.


4、 Process of changing business scope of the company


1. Convene a shareholders' meeting to form a resolution of the shareholders' meeting to change the company's business scope;


2. Modify the business scope in the Articles of Association according to the resolution; Then take the revised articles of association and the resolution of the shareholders' meeting, as well as the original and duplicate of the original company's business license to the industrial and commercial administration department to apply for the change of business scope registration;


3. Get the company change registration application form, fill it out, take the official seal and corporate seal, and submit it together with the above materials;


4. Obtain the business license of enterprise legal person after the change of business scope;


The company's process of changing business scope


Supplementary Note: How to fill in the business scope of the enterprise?


1. Before registering a company, go to the Industrial and Commercial Statistics Bureau to check the industry classification of the national economy on the Internet to see what the scope of their business is suitable for or directly refer to similar companies in the industry to fill in;


2. Consider not only the business operated by the company at the current stage, but also the business that may develop in the future to avoid the phenomenon of operating beyond the scope in the future;


3. If your enterprise operates businesses in multiple industries at the same time, the main business must be placed in the first item, and troubleshooting will increase the probability of being audited by the tax department;


4. Whether the more you fill in the business scope, the better. If the business scope is too large, it may involve some business items that may increase the company's additional taxes. It may also be beyond the scope of business, so pay attention to it;


For more business scope queries, please follow the second brother of the enterprise


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