Risk: Business Scope Of Business License

For example, the export acquisition business of non foreign trade enterprises must be examined and approved, such as Shanghai DuPont agro Chemical Co., Ltd. as a production enterprise, which is engaged in the export purchase business. Therefore, on the business license, it has the words "engaging in the management of non quota license, and specializing in the operation of non exclusive commodity purchase and export business".

The business scope of import and export enterprises is: self employment and agency for import and export of all kinds of goods and technologies. However, the state limits the company's business or prohibition of import and export of goods and technologies, including clothing, knitwear, metal materials, decoration materials, chemical raw materials (except dangerous goods), plastic products, hardware and electrical appliances, and general merchandise stores (involving licensed businesses operated by license).

Special examination and approval also need to be reflected in the scope of operation: for example, the medical device business must specify the contents of the first category and the wholesale of the two kinds of medical devices in the scope of business. Currently, the qualification for special examination and approval or registration includes medicine, culture, tourism, education, import and export, advertising, dangerous goods, finance and so on.

For example, Beijing world good good economic information Consulting Co., Ltd. is mainly engaged in economic information consulting, but its organization of Chinese citizens' overseas travel is clearly a violation.

The business license of some educational websites is "providing Internet services", but its online distance education is also illegal.

Case study: a garment company knows that there are a number of steel products to be sold in the rolling mill, and contracts with the third people for signing and selling steel. Third people paid twenty thousand yuan deposit according to the agreement, and the steel mill handled the steel on its own.

The third asked the clothing company to redouble the deposit. The clothing company would operate on its own scope. The contract was invalid, and only the deposit was refunded.

Is clothing company fully justifications?

According to the interpretation of the Supreme People's court, it is concluded that the contract for the purchase and sale of the steel is effective, and the clothing company must bear the responsibility. Moreover, the enterprise registration department will punish the clothing company's super scope operation, and the third party must also realize its responsibility, knowing that the other party is over the scope of operation, but still contracts with him to bring commercial risk.