Company Law of People's Republic of China (PRC) and Regulations of the People's Republic of China on the Administration of Company Registration.
Second, handle the materials that need to be submitted
1. Application for company establishment registration signed by the legal representative of the company;
2. The certificate of designated representative or entrusted agent signed by all shareholders and a copy of the identity certificate of designated representative or entrusted agent;
The handling matters, authority and authorization period of the designated representative or entrusted agent shall be indicated.
3. Articles of Association signed by all shareholders;
4. Copy of shareholder qualification certificate or identity certificate of natural person;
If the shareholder is an enterprise, a copy of the business license shall be submitted; If the shareholder is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted; If the shareholder is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted; If the shareholder is a private non-enterprise unit, a copy of the certificate of the private non-enterprise unit shall be submitted; If the shareholder is a natural person, submit a copy of the identity certificate; Other shareholders shall submit qualification certificates stipulated by relevant laws and regulations.
5. If the shareholder's capital contribution for the first time is non-monetary property, submit the certification documents that have gone through the formalities of property right transfer;
6. Copies of appointment documents and identity documents of directors, supervisors and managers;
Submit resolutions of the shareholders' meeting, resolutions of the board of directors or other relevant materials according to the Company Law and the Articles of Association. The resolutions of the shareholders' meeting shall be signed by the shareholders, and the resolutions of the board of directors shall be signed by the directors.
7, the legal representative of the office documents and copies of identity documents;
Submit resolutions of the shareholders' meeting, resolutions of the board of directors or other relevant materials according to the Company Law and the Articles of Association. The resolutions of the shareholders' meeting shall be signed by the shareholders, and the resolutions of the board of directors shall be signed by the directors.
8. Proof of residence use;
Submit a copy of the property ownership certificate of the own property; A copy of the lease agreement and the lessor's property right certificate shall be submitted for the leased house. If the house is an urban house without obtaining the property right certificate, submit the certificate of the real estate management department or the certificate of completion acceptance, a copy of the purchase contract and the house sales license; If it is a non-urban house, submit relevant certificates stipulated by the local government. If the lessor is a hotel or restaurant, it shall submit a copy of the business license of the hotel or restaurant. If a general uses real estate as a residence, he shall submit a copy of the military real estate lease license.
If the house is changed into a business house, if it is an urban house, it shall also submit the registration schedule-the registration form of residence (business premises) and the certificate issued by the local residents' committee (or owners' committee) that the interested owners agree to change the house into a business house; If it is a non-urban house, submit relevant certificates stipulated by the local government.
9. Notice of pre-approval of enterprise name;
10. If laws, administrative regulations and the State Council decisions stipulate that the establishment of a limited liability company must be approved, a copy of the relevant approval documents or license certificate shall be submitted;
1 1. The company applies for registration of other cargo transportation business projects and submits a copy of the road transportation business license approved by the Municipal Highway Transportation Management Office (which has been entrusted to the District Transportation Bureau for acceptance). The process of handling this credit is attached.
note:
1. The application form and other application materials submitted shall be A4 paper.
2, the above did not indicate the copy, should be submitted to the original; Where a copy is submitted, it shall be marked "consistent with the original" and signed by the shareholders, or the designated representative or entrusted agent shall affix the official seal or sign.
3. If the above involves the signature of shareholders, the natural person shareholder shall sign by himself; Shareholders other than natural persons affix their official seals.
4, according to the statutory conditions and procedures, need to verify the substance of the application materials, according to the law to verify.
Third, the handling procedures
Application-Acceptance-Examination-Decision
Fourth, the processing cycle.
If the application materials are complete and conform to the statutory form, the business license shall be obtained within three working days from the date of receiving the acceptance notice.
Verb (abbreviation for verb) cost
be free of charge
Attached:
(1) application conditions
1. Basic conditions of vehicles
(1) The technical performance of vehicles shall meet the requirements of the national standard "Comprehensive Performance Requirements and Inspection Methods for Operating Vehicles" (GB 18565).
(2) The overall dimensions, axle load and loading quality of the vehicle shall meet the requirements of the national standard "Limits of Overall Dimensions, Axle Load and Mass of Road Vehicles" (GB 1589).
2. Special transport vehicle conditions
(1) The applicant for container transport shall be a special container transport vehicle that meets the national standards and has a locking device for fixing containers.
(2) The application for refrigerated transport shall be a special transport vehicle for refrigeration and heat preservation that meets the national standards, with special refrigeration facilities and equipment and fixed on the special vehicle.
(three) the application for tank transport shall be a special tank transport vehicle that meets the national standards, with special containers, facilities and equipment, and fixed on the special vehicle.
3. Vehicle conditions for transporting large objects
To apply for transporting large objects, an ultra-heavy vehicle group suitable for transporting large objects shall be provided.
(1) Category I transportation of large objects: vehicles are equipped with super-heavy vehicles that actually load large objects more than 20 tons 100 tons, including tractors and trailers, and have corresponding supporting accessories.
(2) Class II transportation of large objects: vehicles are equipped with super-heavy vehicles with the actual capacity of loading large objects of 100 tons or more but less than 200 tons, including tractors and trailers, and have corresponding supporting accessories.
(3) Three types of large-scale cargo transportation: vehicles are equipped with super-heavy vehicles with the actual capacity of loading large-scale cargo of more than 200 tons and less than 300 tons, including tractors and trailers, and have corresponding supporting accessories.
(4) Four types of large cargo transportation: vehicles are equipped with super-heavy vehicles that actually carry large cargo of 300 tons or more, including tractors and trailers, and have corresponding supporting accessories.
4. Driver's conditions
(1) Obtain a motor vehicle driver's license corresponding to driving the vehicle.
(2) the age is not more than 60 years old.
(3) Having passed the examination of laws and regulations on road freight transport and motor vehicle maintenance and the basic knowledge of goods, handling and storage by the municipal road transport management institution with districts, and having obtained the qualification certificate.
5. Have a sound safety production management system, including safety production responsibility system, safety production business operation rules, safety production supervision and inspection system, safety production management system for drivers and vehicles, etc.
(2) Basis of application conditions
Regulations of the People's Republic of China on Road Transportation; Regulations on Road Freight Transportation and Station Management; Regulations of Beijing Municipality on Road Transportation
(3) Application method
Pre-coating
(four) the application materials and application model text.
1. Application Form for Road Freight Transportation Management;
2. Notice of pre-approval of enterprise business license or name and its copy;
The identity certificate of the person in charge, the identity certificate of the agent and the power of attorney;
4. The text of safety production management system;
5 copies of motor vehicle driving license and vehicle inspection certificate; A letter of commitment to purchase transport vehicles, which shall include the quantity, type, technical performance and purchase time of vehicles; To apply for special transportation, a list of special containers, facilities and equipment for special transportation shall also be provided; To apply for transporting large items, the name, loading capacity and list of supporting accessories of super-heavy vehicles must also be provided;
6. Motor vehicle driver's license, qualification certificate and photocopy of the hired or proposed driver;
7. A foreign-invested enterprise shall provide the approval document (issued by the transportation department) and the approval certificate and photocopy of the foreign-invested enterprise indicating the corresponding business scope.
(5) Prompt emphasis
The applicant shall truthfully submit the relevant materials and be responsible for the authenticity of the materials, otherwise it will bear the corresponding legal consequences.
Two. accept
(1) acceptance conditions
The application submitted by the applicant meets the application conditions, and the application materials submitted are complete, standardized and effective, and conform to the statutory form.
(II) Posts and responsibilities
Job responsibilities: traffic, administration, science, suburban management office, district and county transportation bureau full-process acceptance personnel.
Job responsibilities:
1. If it meets the requirements, it shall be accepted immediately, and a Notice of Acceptance of Transport Management Matters shall be issued to the applicant. Fill in the licensing flow chart and hand over the application materials to the preliminary examination personnel.
2. If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot.
3. If the application materials are incomplete or do not conform to the statutory form, it shall issue a Notice of Supplementary Materials for Transportation Management Matters to the applicant on the spot, and inform the applicant in writing of all the contents, requirements, relevant rights and complaint channels of the application. Fails to inform, since the date of receipt of the application materials is accepted.
4. If it is not accepted, it shall issue a Notice of Rejection of Transport Management Matters to the applicant, and explain the reasons for rejection.
(3) Time limit for acceptance: 1 working day.
Three. review
Review criteria:
The application materials are complete, standardized and effective, and conform to the statutory form.
(2) Examination basis: Regulations of the People's Republic of China on Road Transportation; Regulations on Road Freight Transportation and Station Management; Regulations of Beijing Municipality on Road Transportation
(3) Review posts: Department of Transportation Management Science, Suburban Management Office, and District and County Transportation Bureau.
(4) Time limit for review: 3 working days.
Four. decision
(1) review criteria: the application materials are complete, standardized and effective, and conform to the legal form.
(2) Posts and responsibilities:
Audit positions: the whole process of the Ministry of Transport, the Administration Department, the Suburban Management Office and the District and County Transportation Bureau.
Job responsibilities: review the review opinions according to the review standards.
(3) Review time: 3 working days.
Verb (short for verb) notification
(1) Informing post: Informing personnel from the Traffic Administrative Science and Technology Department, Suburban Management Office and District/County Transportation Bureau.
(2) Time limit: 2 working days
(3) Documents issued: administrative licensing decision or disapproval decision.
(4) Detailed description:
The Transportation Administration Section of Suburban Management Office and the Whole Process Office of District and County Transportation Bureau shall notify the personnel according to the opinions of the examination and approval personnel, and issue and deliver the road transport business license (original and copy) to the personnel who have been granted the license; If the license is not granted, it shall make and serve a "Decision on Not Granting License".