Legal analysis
1. Obtain a business license, meet the statutory requirements, and go through legal procedures.
Individual industrial and commercial households need to apply for the business license of individual industrial and commercial households in accordance with relevant procedures. If there are licensing items in the business project, you need to apply for the corresponding license. An application for industrial and commercial registration of individual industrial and commercial households signed by the operator, providing identification documents, proof of use of business premises and proof of business scope registration.
Two, shall not engage in illegal business activities.
According to the provisions of the Criminal Law of People's Republic of China (PRC), engaging in illegal business activities without permission and disturbing the market order, if the circumstances are serious, may constitute the crime of illegal business operations.
Three, shall not be changed to commercial housing.
According to the provisions of the Civil Code of People's Republic of China (PRC), the owner shall not change the residence into business premises without authorization, and must obtain the unanimous consent of the interested owners. Interested owners generally refer to owners who live in the same building. If other owners living outside the same building can prove that their business practices have hindered their normal living, they can also raise objections.
legal ground
Measures for Investigating and Handling Unlicensed Operation Article 11 The administrative department for industry and commerce of the people's government at or above the county level may exercise the following functions and powers when investigating and handling suspected unlicensed operation:
(1) Ordering to stop relevant business activities;
(two) to investigate the relevant units and individuals suspected of operating without a license;
(three) to enter the place suspected of engaging in unlicensed operation to carry out on-site inspection;
(four) to consult and copy the contracts, bills, account books and other relevant materials related to the suspected unlicensed operation.
Places suspected of operating without a license may be sealed up; Tools, equipment, raw materials, products (commodities) and other items suspected of being used for unlicensed operation may be sealed up and detained. Investigate and deal with acts suspected of operating without a license and take measures according to relevant laws and regulations.
Article 279 of the Civil Code of People's Republic of China (PRC) * * * The owner shall not change the residence into business premises in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.