What are the types of company registration and related matters needing attention in China?

1. The company name must be consistent with the registered capital. Enterprise names cannot be duplicate. The industry is related to the registered capital and requires approval procedures. When registering a general enterprise, it is best to provide three alternate names and take them to the industrial and commercial bureau for investigation. The name model of domestic companies is: "region+trade name+industry (or industry characteristics)+limited company"; The name of "Province" is approved by the Provincial Administration for Industry and Commerce, and the name of "China" is approved by the State Administration for Industry and Commerce of China. Second, the types of enterprises in China are divided according to the form of company formation: joint stock limited company, limited company and partnership company; Divided by investors: wholly foreign-owned enterprises, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and domestic-funded enterprises; According to the risk: unlimited liability (such as partnership) and limited liability (such as limited liability company); Other forms of institutions: branches, foreign representative offices, offices and self-employed. 1 China enterprise-a wholly foreign-owned enterprise refers to an enterprise in which foreign investors (including investors from Hong Kong, Macao and Taiwan) have invested all their capital in accordance with the Law of People's Republic of China (PRC) on Enterprises with Foreign Investment and other relevant laws. The concept of foreign enterprise (overseas investment enterprise) is that the enterprise must be outside China, and most of the shares of this overseas enterprise must be held by foreigners (including Hong Kong, Macao and Taiwan). 2. China enterprises-foreign representative offices A wholly foreign-owned enterprise refers to a representative office established in China by foreign investors (including investors from Hong Kong, Macao and Taiwan) in accordance with the Law of People's Republic of China (PRC) on Foreign-funded Enterprises and other relevant laws. Representative offices are generally not allowed to operate or issue invoices. 3. The Law of China on Chinese-foreign Joint Ventures requires foreign investors to invest at least 25% of the registered capital. Generally, there is no maximum investment for foreign investors, unless the relevant laws of China require China to have a minimum investment share (such as * industry). The registered capital of Sino-foreign joint ventures is more than 6,543,800 yuan, the registered capital of foreign-funded enterprises is not less than 6,543,800 yuan, and the registered capital of enterprises in bonded areas is not less than 2 million yuan. Both parties may invest their respective funds in cash, equipment, industrial property rights or other forms. Generally speaking, China provides cash, land development and land use rights, while foreign parties provide cash, building materials, technology and equipment. All investments must be approved by the relevant departments in China, and reports issued by Chinese accounting firms with the qualification of certified public accountants must be obtained. The two parties to the joint venture jointly manage the enterprise. The board of directors is composed of at least three members, and the board of directors has the right to decide major affairs of the enterprise. The two parties to the joint venture are jointly responsible for the appointment of directors, and the composition of directors is determined according to the proportion of capital contributions made by the two parties to the joint venture. According to the Joint Venture Law of China, both parties to a joint venture can elect a chairman. If one party becomes the chairman, the other party can appoint a vice chairman. 4. Enterprises in China-Chinese-funded enterprises A Chinese-funded company is a company whose capital comes from China and is invested by a legal person with China nationality or a natural person aged 65,438+08 and operates in China. 5. Shareholders and legal representatives of China Company China Company Law stipulates that corporate shareholders must be a natural person or legal person over 18 years old; China company must have a legal representative. The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Third, the registered capital must be verified. The registered capital of China companies is limited according to different types of companies. The minimum registered capital is RMB 30,000 yuan, subject to the requirements of the industry and local government. The registered capital of an overseas company required by a wholly foreign-owned enterprise is more than 1 10,000 yuan, and the registered capital must be in place through capital verification. Domestic-funded enterprises: The registered capital (fund) system adopts a strict statutory capital system, and the registered capital can be paid in installments for capital verification. Foreign-funded enterprises: registered capital can be paid in installments, and the capital contribution period shall be subject to the articles of association and the provisions of the examination and approval authority. Sino-foreign joint ventures: foreign investors hold no less than 25%. The parties to the joint venture shall stipulate the investment period in the joint venture contract and pay off their respective capital contributions within the time limit stipulated in the joint venture contract. The initial contribution of each party to the joint venture shall not be less than 65,438+05% of their respective subscribed contributions. 4. The business scope of China Company is *, and that of China Company is *, and the business scope of the enterprise will be clearly stated in the business license; If the registered capital is relatively large, the business scope shall be appropriately relaxed. In order to be in line with WTO, China government is gradually relaxing its business scope, as long as all industries permitted by laws and regulations can operate; If special industries are involved, pre-approval must be carried out first. 5. In China, companies applying for the following industries in special industries need pre-approval, and they need to apply for special licenses from relevant departments, which is also called pre-license. Such as: gas station, refined oil storage, slaughter, education, religious groups, auction industry, pawnbroker industry, lettering industry, parking lot, lawyer, accounting service, bookkeeping agent, talent agency, employment agency, study abroad institution, investment and immigration institution, construction, decoration, engineering, enterprise qualification, road freight, Internet cafe, publishing and printing, cosmetics, medicines and food production and operation. 6. Every enterprise must have a separate business place. All China companies are required to have independent business premises. Before the application, it is necessary to provide the house lease contract sealed by the lessor or the property right certificate of the enterprise or shareholders. Some industries also need to be approved by the fire department and environmental protection department. China has strict requirements on business premises. Every enterprise must have an independent commercial office building. When an enterprise applies, it must submit the office building lease contract signed by the lessor or the real estate license issued by the Land and Resources Bureau. Seven, the bank basic account and non basic deposit account China company must open a basic deposit account, basic deposit account is the enterprise's daily fund transfer and cash receipt and payment account; Non-basic deposit account is the subsidiary account of basic deposit account, such as tax account and capital increase account. Only cash can be deposited or transferred, and cash cannot be withdrawn; A company can have more than one non-basic deposit account and only one basic deposit account. Domestic enterprises open (temporary) households before obtaining business licenses, and foreign-funded enterprises obtain licenses before opening accounts; China companies usually use financial seals and designated private seals to handle banking business. Eight, import and export rights need to be applied independently. In China, companies need to apply for import and export rights. The so-called import and export right means that enterprises can freely declare their own customs and directly import and export products that meet the requirements. Generally speaking, foreign-invested enterprises established in China can only import and export products produced by their own enterprises. However, after March 2006 1, this provision will be relaxed, and foreign-invested enterprises can also apply for the same free import and export rights as domestic enterprises. Nine. China Company conducts an annual inspection. China company must carry out annual inspection according to regulations. The specific time is subject to the requirements of the local government.