Several companies can set up a group, which is a common form in the workplace. What everyone should know is that every business owner must understand the operation of equity and implement the partnership system by using equity. This is also necessary. Here are some companies that can set up a group.
Several companies can form a group 1. According to different regions, there are different rules for forming a group, as follows:
Conditions for establishing a national group company:
1. The parent company of an enterprise group has a registered capital of more than 50 million yuan and has at least 5 holding subsidiaries.
2. The total registered capital of the parent company and its subsidiaries exceeds RMB 1 100 million.
3. All members of the group have legal personality.
Conditions for the establishment of a provincial group company:
1. The registered capital of the parent company is more than 30 million yuan.
2. There are three subsidiaries (i.e. holding enterprises).
3. The sum of the registered capital of the parent company and the registered capital of three subsidiaries is more than 60 million yuan.
Conditions for the establishment of a municipal group company:
1. The registered capital of the parent company100,000 yuan or more.
2. There are three subsidiaries (i.e. holding enterprises).
3. The sum of the registered capital of the parent company and the registered capital of three subsidiaries is more than 20 million yuan.
Second, the legal basis
company law
Article 23 Conditions for the establishment of a limited liability company
The establishment of a limited liability company shall meet the following conditions:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
Article 76 Conditions for the establishment of a joint stock limited company
The establishment of a joint stock limited company shall meet the following conditions:
(1) The promoters meet the quorum;
(2) It has the total amount of capital subscribed or paid-in by all promoters in accordance with the articles of association;
(3) The issuance and offering of shares comply with the law;
(4) The promoters shall formulate articles of association, which shall be adopted by the founding meeting;
(5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company;
(6) Having a company domicile.
Through my introduction, we can know that according to different regions, including national and provincial levels, there are different regulations for the establishment of the group, which are legally related.
How many companies can set up a second group? What are the requirements for establishing a group limited company?
1. The registered capital of the parent company (core enterprise) of the enterprise group is over 50 million yuan, and it has at least 5 subsidiaries;
2. The total registered capital of the parent company (core enterprise) and its subsidiaries exceeds 654.38 billion yuan;
3. The parent company (core enterprise) of an enterprise group shall be registered as a limited liability company or a joint stock limited company; Enterprises owned by the whole people can set up enterprise groups as core enterprises, but the registered capital should be more than 654.38 billion yuan;
All members of this group have legal personality.
To sum up, many large companies are collective companies now, and there are many subsidiaries below. The requirements for establishing a company with a registered capital of at least 50 million yuan are relatively high. The core company shall be a joint stock limited company, and the total registered capital of the collective parent company and its subsidiaries shall be more than 1 100 million yuan.
Procedures for establishing a group company
An enterprise group is a consortium of enterprise legal persons. Do not have the legal person qualification, can not invest abroad, but the enterprise group needs to be registered:
To establish or change into a group company, the following conditions shall be met
The national conditions are as follows
1. The registered capital of the parent company of the enterprise group is more than 50 million yuan, and it has at least 5 holding subsidiaries; Capital contribution must be made in kind or currency, not in real estate or projects under construction.
2. The total registered capital of the parent company and its subsidiaries exceeds 1 100 million yuan;
3. All members of the group have legal personality.
4. The subsidiaries have no industry restrictions.
5. Holding standards required by the group company. The shareholding here refers to absolute shareholding, that is, more than 5 1%. When a group company is established, the holding relationship can only be capital holding.
6, enterprises use the name of China, must be approved by the State Council.
Conditions for establishing a provincial (Shandong) group company:
1, and the registered capital of the parent company is more than 30 million yuan;
2. There are three subsidiaries (i.e. holding enterprises);
3. The sum of the registered capital of the parent company and the registered capital of three subsidiaries is more than 60 million yuan.
Establishment program
One is to move the parent company of the group to a province or a municipal bureau, and at the same time handle the registration of enterprise name change and group registration.
Materials submitted for registration of group establishment
1. Application for registration of enterprise group establishment signed by the legal representative of the parent company (received);
2. Power of Attorney for Enterprise (Company) to Apply for Registration signed by the legal representative of the parent company (for collection);
3. Articles of association of the group, with the seal of the parent company;
4. Group members apply to join the group and recognize the articles of association of the group;
5, the parent company's shareholding in the subsidiary certificate:
A certificate issued by the subsidiary registration authority or a copy of the property right registration form of state-owned assets or a copy of the equity certificate issued by the subsidiary;
6. A copy of the legal person qualification certificate of the group member, with the seal of the unit affixed;
7. The pilot enterprise groups approved by the State Council shall submit relevant approval documents.
If a copy of the above items is not indicated, the original shall generally be submitted;
If a copy is submitted, in addition to the above description, it should also be signed by the client for confirmation, and the copy is consistent with the original;
The original approval documents of the relevant departments shall be presented.
How many companies can set up a third group? Do you need to liquidate production to set up a group company?
According to China's "Provisional Regulations on the Administration of Enterprise Group Registration", the establishment of a group company does not require liquidation of production. The conditions for establishing a group company include that the parent company has a registered capital of more than 50 million yuan and has at least 5 subsidiaries.
Interim Provisions on the Administration of Enterprise Group Registration
Article 4 An enterprise group consists of a parent company, subsidiaries, joint-stock companies and other member units. Institutions and social organizations can also become members of enterprise groups.
The parent company shall be a holding enterprise registered in accordance with the law and qualified as an enterprise legal person.
The subsidiary shall be an enterprise legal person with all shares or control rights owned by the parent company; Other members of the enterprise group shall be other enterprise legal persons, institutions legal persons or social organizations legal persons whose parent company shares or forms production and operation cooperation relations with the parent company.
Article 5 An enterprise group shall meet the following conditions:
(a) the registered capital of the parent company of the enterprise group is more than 50 million yuan, and it has at least 5 subsidiaries;
(2) The total registered capital of the parent company and its subsidiaries is more than 654.38 billion yuan;
(3) All members of the group have legal personality.
The national pilot enterprise group shall also meet the conditions of the pilot enterprise group determined by the State Council.
What problems should be paid attention to when setting up a company?
1, define enterprise goals and achieve * * * knowledge. Entrepreneurs should be clear about the goals of their enterprises. With a goal, there is a direction and a vision, which can greatly reduce the friction in management and operation;
2. The most fundamental problem in organizational structure design is the allocation of decision-making authority. Therefore, in order to manage smoothly, it is very important to clarify the responsibilities of each core member and stipulate them in written official documents.
3. Due to the small scale of the start-up period, many problems can be directly communicated. Everyone should follow the open and realistic behavior style, put things on the table, and don't fight belly lawsuits;
4. Establish a management team within the company. Exchange opinions regularly and discuss issues related to the company's business strategy, such as product development, competitors, internal efficiency and financial status. Generally, a three-level management structure is adopted, including decision-making layer, management layer and ordinary employees;
5. Make and try to abide by the established management system. It must be emphasized that everyone must abide by it, without privilege or change. When the company develops to a certain extent and begins to have strength, it is necessary to realize the defects of its own ability and try its best to hire some management professionals, which will make great achievements.
The above knowledge is my answer to relevant legal questions. According to China's "Provisional Regulations on the Administration of Enterprise Group Registration", there is no requirement for the establishment of group companies. The conditions for establishing a group company include that the registered capital of the parent company is more than 50 million, and there are at least five subsidiaries.