1, industrial and commercial inquiry
To inquire whether a company really exists, you can first inquire through the industrial and commercial department. If the other company has not been registered in the relevant departments, not to mention whether it is a shell company, but at least it is not a real company. The registration information of an enterprise is generally directly queried on the industrial and commercial network, and the content seen is relatively complete.
2. Check the setup time
If the other company has been registered in the industrial and commercial department, if it is newly established, it can only show that this is a real company, and whether it is a shell company needs further analysis.
3. Visit each other's venues.
Visiting the website of the other company can directly prove whether the other company is a real company.
4. Observe the company's fixed assets
The reason why it is a shell company means that his company has nothing, so you can observe the company's fixed assets when you go to the other party's site. If there are no fixed assets, then shell companies have a greater chance.
5. Check the company registration information
After on-the-spot investigation of the other company, it is necessary to check whether the actual information of the other party is consistent with the information registered by the relevant departments.
6. Check the operation of the company.
Investigate the company's past operations, inquire about the company's cooperation matters and see the profits of the cooperation matters.
What is a shell company?
"Shell companies" are also called ready-made companies. It was originally established as a corporate legal form according to the British Company Law. It is a limited company established by the promoters according to the laws of Hong Kong or Britain, but it has not appointed the first director and no investors have subscribed for shares, so there will be no business, creditor's rights and debts. When the company is needed, investors only need to hand over the directors and shareholders to the company secretary, who will make relevant documents. It usually takes a few hours to finish.
To sum up, shell companies are a form for companies to evade debts. When you invest in a company, you must pay attention to whether it is a shell company.
Legal basis:
company law
second
The term "company" as mentioned in this Law refers to limited liability companies and joint stock limited companies established in China according to this Law.
essay
Company definition and shareholder liability A company is an enterprise legal person, which has 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; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 4
Shareholders' Rights Shareholders of a company shall enjoy the right to return on assets, participate in major decision-making and choose managers according to law.
Article 5
Company obligations and protection of rights and interests A company engaged in business activities must abide by laws and administrative regulations, social morality and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities.
The legitimate rights and interests of the company are protected by law and shall not be infringed.
Article 6
When a company registers to establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.