The shareholders of a wholly state-owned enterprise are either the government or SASAC, and the newly established subsidiary of this topic is a state-controlled enterprise. Therefore, this company is not a wholly state-owned enterprise.
The establishment of an enterprise group must have 1 parent company, and five subsidiaries can become a group. Of course, all provinces and cities have relaxed conditions. For example, Guangxi has 1 parent company, and three subsidiaries can establish an enterprise group. This article should not meet the conditions of an enterprise group for the time being.
However, according to the new regulations, the industrial and commercial departments no longer register enterprise groups. If an enterprise group is to be established, and the company is regarded as the parent company of the group, it can be registered as the parent company of the enterprise group. At this time, the nature of the company is still a limited liability company.
Two. In this paper, the specifications of the materials submitted for company establishment registration are as follows:
1. Application for company registration (filing).
2. Articles of Association (signature of shareholders).
3. A copy of the shareholder's business license. ?
4. The appointment documents of the legal representative, directors, supervisors and managers.
5. Certificate of residence and use.
6. According to laws, administrative regulations and the State Council decisions, the establishment of a company must be approved or approved within the business scope that the company applies for registration, and a copy of relevant approval documents or licenses must be submitted.
Extended data
1. According to Article 3 of the Company Law: "A company is an enterprise legal person with independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; ......"
2. Article 64 of the Company Law stipulates: "It is stipulated that the wholly state-owned company mentioned in this Law refers to a limited liability company which is solely funded by the state and authorized by the the State Council or the local people's government to perform the responsibilities of the investor."
3. Article 5 of the Interim Provisions on the Administration of Enterprise Group Registration stipulates: "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. "Provinces and cities may have special policies to relax the conditions of enterprise groups.
4. According to the Notice of the General Administration of Market Supervision on Doing a Good Job in Connecting Four Administrative Licenses, such as Cancelling the Approval and Registration of Enterprise Groups (Shi Guojian [2065 438+08] 139), the General Administration of Market Supervision has stopped the registration of enterprise groups.
References:
State Administration of Market Supervision-Document on Cancellation of Approval and Registration of Enterprise Groups
References:
State Administration of Market Supervision-Interim Provisions on the Administration of Enterprise Group Registration
References:
Specification for enterprise registration submission materials of Guangxi Zhuang Autonomous Region Administration for Industry and Commerce