Legal basis: Regulations of the People's Republic of China on the Administration of Company Registration.
Article 20 To establish a limited liability company, a representative designated by all shareholders or an agent entrusted by all shareholders shall apply to the company registration authority for registration of establishment. To establish a wholly state-owned company, the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by the State Council or the local people's government shall be the applicant to apply for registration of establishment. Where laws, administrative regulations or decisions of the State Council stipulate that the establishment of a limited liability company must be approved, it shall apply to the company registration authority for establishment registration within 90 days from the date of approval; Where an application for registration of establishment is overdue, the applicant shall report to the approval authority to confirm the validity of the original approval document or submit it for approval separately. To apply for the establishment of a limited liability company, the following documents shall be submitted to the company registration authority: (1) an application for establishment registration signed by the legal representative of the company; (2) Certificates of the designated representatives or entrusted agents of all shareholders; (3) Articles of association; (four) the qualification certificate of shareholders or the identity certificate of natural persons; (5) Documents stating the names and domiciles of the directors, supervisors and managers of the company, and certificates of appointment, election or employment; (6) The post-holding documents and identity certificates of the legal representative of the company; (7) Notice of pre-approval of enterprise name; (eight) the company's domicile certificate; (9) Other documents required by the State Administration for Industry and Commerce. Where laws, administrative regulations or decisions of the State Council stipulate that the establishment of a limited liability company must be approved, relevant approval documents shall also be submitted.
Article 21 To establish a joint stock limited company, the board of directors shall apply to the company registration authority for registration of establishment. Where a joint stock limited company is established by offering, it shall apply to the company registration authority for registration of establishment within 30 days after the founding meeting. To apply for the establishment of a joint stock limited company, the following documents shall be submitted to the company registration authority: (1) an application for establishment registration signed by the legal representative of the company; (two) the certificate of the designated representative or entrusted agent of the board of directors; (3) Articles of association; (four) the qualification certificate of the promoters or the identity certificate of natural persons; (5) Documents stating the names and domiciles of the directors, supervisors and managers of the company, and certificates of appointment, election or employment; (6) The post-holding documents and identity certificates of the legal representative of the company; (7) Notice of pre-approval of enterprise name; (eight) the company's domicile certificate; (9) Other documents required by the State Administration for Industry and Commerce. Where a joint stock limited company is established by way of offering, the minutes of the founding meeting and the capital verification certificate issued by a legally established capital verification institution shall also be submitted; Where a joint stock limited company is established by public offering, the approval documents of the securities regulatory authority of the State Council shall also be submitted. Where laws, administrative regulations or decisions of the State Council stipulate that the establishment of a joint stock limited company must be approved, relevant approval documents shall also be submitted.