Steps to set up a company
I. Conditions for the establishment of the company
(1) Shareholders meet the quorum (shareholders with less than 50 persons initiate the establishment);
(2) The capital contribution of shareholders reaches the minimum statutory capital;
(3) Shareholders * * * agree to formulate the Articles of Association; The articles of association are the basic documents for the establishment of a company. Only when the articles of association are formulated in strict accordance with the legal requirements and submitted to the competent authority for approval can the articles of association take effect and other procedures for the establishment of the company continue.
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile (with a certificate of the company's business place).
Second, the specific procedures
Step 1: Go to Zhaoyuan Industrial and Commercial Bureau to get and fill in the Application for Pre-approval of Name;
Step 2: Submit the Application for Pre-approval of xx Real Estate Company Name and related materials to the Industrial and Commercial Bureau: (1) Application for Pre-approval of Company Name signed by all shareholders and promoters of a limited liability company; (2), all shareholders designated representatives or * * * entrusted agents; (3) Other documents required by the State Administration for Industry and Commerce. Waiting for the name approval result (generally can be approved on the spot);
Step 3: After the name is approved, receive the Notice of Pre-approval of Enterprise Name, and at the same time receive the Application for Registration of Enterprise Establishment and other relevant forms (all in standard format); And fill it out completely in accordance with the regulations;
Step 4: Open a special investment account in a bank confirmed by the Industrial and Commercial Bureau;
Step 5: Submit all kinds of application materials, including 1, name pre-approval application, 2, enterprise establishment registration application, 3, articles of association, 4, proof of business premises, 5, qualification certificate of shareholders or identity certificate of natural persons, 6, names, residence documents of directors, supervisors and managers of the company, relevant certificates of appointment, election or appointment, 7. 8. Resolutions of the shareholders' meeting to elect the chairman and appoint the legal representative; 9. Certificates of designated representatives or entrusted agents of all shareholders, etc. If the materials are complete and conform to the statutory form, a Notice of Approval of Establishment Registration shall be issued;
Step 6: Pay the fee at the Industrial and Commercial Bureau and obtain the business license according to the date specified in the Notice of Approval of Establishment Registration. The date of issuance of the business license is the date of establishment of the limited liability company. Companies can apply for opening bank accounts, engraving company seals, and applying for tax registration.
In what ways can the company obtain the land use right when it is established?
The company can obtain the land use right required for production and operation in the following ways:
1. Obtain the land use right by means of assignment or transfer. In other words, the land use right can be obtained from the national land management department by means of transfer, or from other land use rights holders by means of transfer.
Among them, the following issues should be paid attention to if the land use right is obtained by means of transfer:
(1) The transfer of land use right can only be the transfer of the remaining term of the original land use right.
(2) Only after the land is developed to a certain extent can the land use right holder transfer his rights.
(3) When the land use right is transferred, the buildings and attachments on the ground will be transferred.
(4) To change the land use, it is necessary to obtain the consent of the land management department, and pay (or supplement) the land use right transfer fee according to the new land use mode.
(5) the transfer of land use rights shall go through the transfer registration procedures.
2. Share at a discount. Including the company's sponsors to sell or transfer the way to obtain their own land use rights discount, the state directly discounted land use rights for a certain period of time.
When converting land use rights into shares, the following laws and regulations shall be observed:
(1) If the land use right obtained by transfer is used as capital contribution, the investor shall have a land certificate, a land use right transfer contract or a transfer contract, and there is no security interest in the above land use right that restricts the discount of shares.
(2) If the land use right obtained by allocation is used as capital contribution, the investor shall apply to the land management department of the people's government of the city or county for the transfer of the land use right before it can be used as capital contribution; Collectively owned land in urban planning areas shall be expropriated as state-owned land before it can be used as capital contribution; Land collectively owned in rural areas and urban suburbs (except land owned by the state according to the law) can only be used as capital contribution after being registered by the people's government at the county level and confirmed by issuing certificates.
3. The common forms for companies to obtain land use rights by leasing are: leasing to shareholders, leasing to land management departments and leasing to other land users. When obtaining the land use right by lease, we should pay attention to the following aspects:
(1) Comply with the relevant regulations and procedures for leasing state-owned land. According to Several Opinions on Standardizing the Lease of State-owned Land (Guo Tu Zi Fa (1999) No.222), the lessee can sublet, transfer or mortgage the right to use the leased land with the consent of the land administrative department or according to the lease contract. The sublease, transfer or mortgage of the right to use the leased land must be registered according to law.
(2) Land acquired by means of allocation shall not be leased until the transfer formalities are completed. Land acquired by administrative allocation cannot be leased in principle. Therefore, the investor should obtain the land use right by means of transfer and then lease it to the company.
(3) When the company obtains the land needed for production and operation, it shall sign a long-term land lease contract. The terms of the contract include: the lease term of the land, the rent and payment method, the disposal plan of the land after expiration (preemptive right, etc.). ).
The above is the process of establishing a limited company on 20 16 provided by Bian Xiao. I hope you like it!
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