Standards and requirements for establishing a holding company. Now many people choose to start their own businesses. Holding company refers to a company that controls a company by holding a certain number of shares. It is necessary to set up a company. The following are the standards and requirements for setting up a holding company.
Standards and requirements for establishing a holding company 1 According to the regulations of SASAC, there is no threshold such as the amount of capital.
Holding company is not a withdrawal company, but a necessary company form, which is a very important link in the capital management chain and its management content is also true. Holding companies of industrial groups are different from general investment companies and investment banks. It is based on a certain professional direction and core expertise, and is committed to seeking development in an industry and realizing its economic benefits.
The management of the holding company is carried out through clear procedures in the company's articles of association, such as shareholders' meeting, board of directors and board of supervisors. As a holding company of an industrial group, it cannot be equated with a "superior unit", but must actually exercise the duties of a major shareholder and complete the management tasks assigned by the state and superior departments. Therefore, its management features are as follows: first, large-scale national industrial companies should connect with relevant state departments on behalf of all subsidiaries; Second, it is necessary to form a relatively perfect corporate governance structure such as shareholders' meeting, board of directors and board of supervisors by holding shares to form property rights relations; Third, as a major shareholder, it is necessary to examine the strategy, investment, human resources and other aspects of the subsidiary macroscopically.
Legal analysis:
1. The number of shareholders meets the statutory requirements;
2. The subscribed capital contribution conforms to the provisions of the Articles of Association;
3. Having the articles of association, company name, company domicile and qualified organization.
Legal basis: Article 23 of the Company Law of People's Republic of China (PRC) shall meet the following conditions for establishing a limited liability company:
(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.
Standards and requirements for establishing a holding company. Requirements for holding companies whose names need to be approved by State Taxation Administration of The People's Republic of China:
1. The registered capital of the holding company is more than 50 million yuan (the parent company should be a legal person enterprise; If the registered capital of the core enterprise is more than 1 100 million yuan, it can be an unincorporated enterprise as a legal person, the same below);
2. It has five holding subsidiaries;
3. The total registered capital of the parent company (holding company) and subsidiaries (holding company) exceeds1000000 yuan.
(2) The holding company shall have the title of provincial and ministerial level.
1. A professional R&D enterprise with a registered capital of more than RMB100000 and a total registered capital of more than RMB 20 million for its holding subsidiaries;
2. Modern service enterprises with a registered capital of 6,543,800,000 yuan for holding companies, more than 3 holding subsidiaries and a total registered capital of 20,000,000 yuan for parent and subsidiary companies;
3. Holding companies with a registered capital of more than 30 million yuan and other groups with more than 4 holding subsidiaries with a total registered capital of more than 50 million yuan; The above-mentioned "specialty" means that its business scope is only engaged in scientific and technological research and development business, and it does not run anything else.
(3) What is a holding company?
Holding company is also a kind of company, which refers to a company that controls a company by holding a certain number of shares. Holding companies are divided into pure holding companies and mixed holding companies according to their holding methods.
Pure holding companies do not directly engage in production and operation business, but only carry out capital operation by holding shares of other companies. Hybrid holding companies not only carry out capital operation through holding, but also engage in some production and operation businesses.
Holding companies not only have financial control over subsidiaries, but also have operational control, and have the right to decide the appointment of important personnel and the determination of major policies, and even directly send people to operate and manage them. Also known as parent-subsidiary system.
A company that owns shares of other companies and can actually control its business activities is called a parent company, sometimes called a head office; All or part of the assets are owned by the parent company, but companies that are economically and legally independent of the parent company are called subsidiaries.
Most holding companies are particularly strong economic entities. There will be many cross-industry and cross-domain subsidiaries below, which is a considerable total. Generally, when a company develops to a very strong level, it will become the holding company of other small companies.
At present, many well-known large foreign companies are basically holding shares. In recent years, many domestic companies began to operate slowly in the direction of holding.
Standards and requirements for establishing a holding company. What are the requirements for establishing a group company?
1. A registered group company needs a parent company with a minimum registered capital of more than 50 million yuan and at least 5 subsidiaries. The total registered capital of the parent company and its subsidiaries shall not be less than 1 100 million yuan, and the parent company must have an absolute controlling interest in its subsidiaries, preferably 5 1%. A * * * adds up to six companies, which must be in China;
2. Cultural enterprise groups can relax the above conditions. The registered capital of the parent company reaches 30 million yuan, and there are three or more holding subsidiaries, and the sum of the registered capital of the parent company and the subsidiary company reaches 50 million yuan;
3. Set up a group in Zhongguancun National Independent Innovation Demonstration Zone, with the registered capital of the parent company reaching 30 million yuan and the total registered capital of the parent company reaching 50 million yuan.
Second, the group company registration requirements
1. Requirements for the name of enterprise group to be approved by State Taxation Administration of The People's Republic of China:
(1) The registered capital of the parent company is more than 30 million yuan (the parent company of the enterprise group should be a legal person enterprise; Can be an unincorporated enterprise legal person).
(2) Having three holding subsidiaries.
(3) The total registered capital of the parent company and its subsidiaries is more than 500 million yuan.
2, the title of the provincial enterprise group should have the conditions:
(1) A professional scientific and technological R&D group with a parent company registered capital of more than100000 yuan and three or more holding subsidiaries, with the total registered capital of the parent company and subsidiaries of more than 20 million yuan.
(2) A modern service group with a parent company registered capital of 6,543,800+million yuan, more than 3 holding subsidiaries, and the total registered capital of the parent company and subsidiaries is more than 20 million yuan.
(3) Other groups whose parent company has a registered capital of more than 30 million yuan and has more than 4 holding subsidiaries, and whose total registered capital is more than 50 million yuan; The above-mentioned "specialty" means that its business scope is only engaged in scientific and technological research and development business, and it does not run anything else.
Third, the group company management system?
1, and the property right relationship is clear.
The ownership of assets in an enterprise is divided by shares, and employees and social shareholders are absorbed to form a socialized company. Major affairs such as finance and management are transparent, and the boss can occupy the major shareholder as the investor of the enterprise, forming the core of enterprise management, thus forming a real core management team on this basis;
2, clear responsibilities, sound system.
Organization setting, post setting, process, etc. It should be clear and clear, with a sound system and supervision and evaluation system; Hierarchical management, giving full play to the role of management functions at all levels; The boss does not directly manage different levels. The reward and punishment system is perfect, the measurement standard of labor productivity and economic benefit is clear, and the internal personnel and institutions of the enterprise conform to the law of external market competition and survival of the fittest; Can't artificially engage in personnel conflicts;
3. Scientific management and environmental friendliness.
Enterprises should establish a scientific enterprise leadership system and organizational management system, adjust the relationship between owners, operators and employees, and form an operating mechanism that combines incentives and constraints. The internal relations of enterprises are harmonious and the external relations are friendly.