How to prove the independence of company property in court?

First, how to prove the independence of the company's property

There should be a perfect financial audit to prove that the company's property and its own property are independent of each other. Have a business license (registration number), tax registration certificate (number), legal representative, complete accounts, standardized financial system, and be able to conduct independent accounting. The two basic elements of financial independence are: people do not need to be employed or self-employed; There is a stable and sufficient pension, and/or investment income under various financial independence conditions, and the sum of these incomes is enough to live.

Second, what is the enterprise financial audit

Enterprise financial audit refers to the auditing organ's auditing supervision over the truthfulness, legality and benefits of the assets, liabilities, profits and losses of state-owned enterprises (including state-holding enterprises) in accordance with the procedures and methods stipulated in the Audit Law of People's Republic of China (PRC) and its implementing regulations and the national enterprise financial auditing standards, making an objective and fair evaluation of the accounting information reflected in the audited enterprise's accounting statements according to law, forming an audit report, and issuing audit opinions and decisions. Its purpose is to expose and reflect the real situation of enterprise assets, liabilities and profits and losses, investigate and deal with all kinds of illegal problems in enterprise financial revenue and expenditure, safeguard the rights and interests of state owners, promote the building of a clean government, prevent the loss of state-owned assets, and strengthen the service for the government's macro-control.

Third, the purpose of enterprise financial audit

The purpose of audit refers to the goals and requirements to be achieved by audit, and it is the guide of audit work. Audit purposes include general purpose and special purpose.

The registration process of one-person limited liability company:

1. Application for company establishment registration signed by the legal representative of the company.

2. The certificate of appointed representative or entrusted agent signed by shareholders (signed by myself if the shareholder is a natural person, with the official seal of corporate shareholders) and the copy of the ID card of the appointed representative or entrusted agent (signed by myself) shall indicate the specific entrusted matters, the authority of the principal and the entrusted period.

3. Articles of Association signed by the shareholders (if the shareholders are natural persons, they shall sign by themselves and affix the official seal of corporate shareholders). Copy of the shareholder's legal person qualification certificate or natural person identity certificate.

4. If the shareholder is an enterprise legal person, submit a copy of the business license; 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, a copy of identity certificate shall be submitted.

5. A capital verification certificate issued by a legally established capital verification institution.

6. If the shareholder's capital contribution is non-monetary property for the first time, it shall submit the certification documents that have gone through the formalities of property right transfer.

7. Copies of appointment documents and identity certificates of directors, supervisors and managers shall be submitted to the written decision signed by shareholders (if shareholders are natural persons, they shall be signed by themselves and sealed by corporate shareholders), resolutions of the board of directors (signed by directors) or other relevant materials in accordance with the provisions and procedures of the Company Law and the Articles of Association.

8. A copy of the legal representative's post-holding documents and identity certificates.

9. A copy of the residence use certificate and property ownership certificate submitted by the owner; Submit the original or copy of the lease agreement and the copy of the lessor's property right certificate for the leased house; If the above cannot provide a copy of the property right certificate, submit a copy of other property right use certificates.

10, pre-approval notice of enterprise name.

1 1. If laws, administrative regulations and the State Council decisions require approval for the establishment of a one-person limited liability company, a copy of the relevant approval documents or license certificate shall be submitted.

12. The business scope of the company's application for registration includes items that must be approved before registration according to laws, administrative regulations and the State Council decisions, and relevant approval documents or copies of permits and licenses shall be submitted.

13. If a full set of registration forms and copies of relevant materials issued by this bureau are submitted, it shall be marked as "consistent with the original" and signed by shareholders. If the shareholder is a natural person, it shall be signed by himself; Shareholders other than natural persons affix their official seals.

14. Go to the Quality Supervision Bureau to handle the organization code with a copy of the company license and the company official seal.

15, with a copy of license and code, and the official seal is the national tax certificate.

16. Open a basic bank account

In debt disputes, shareholders need to prove that personal property and company property are not related. Therefore, if the usual bookkeeping problem is particularly chaotic, it will not affect the legitimate rights and interests of creditors in debt repayment. Strictly distinguishing between company property and personal property is the primary problem of setting up a one-person limited liability company.

Legal basis:

Article 59 of the Company Law of People's Republic of China (PRC) * * * A one-person limited liability company shall indicate the sole proprietorship of a natural person or a legal person in the company registration, and indicate it in the company business license.

Article 13 of the Constitution of People's Republic of China (PRC) citizens' lawful private property is inviolable. The state protects citizens' private property rights and inheritance rights according to law. In order to meet the needs of public interests, the state may, in accordance with the law, expropriate or requisition citizens' private property and compensate them.

Article 59 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * The legal person's capacity for civil rights and civil conduct comes into being when the legal person is established and disappears when the legal person is terminated.

Article 62 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the legal representative causes damage to others while performing his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.