1. Conditions for setting up an enterprise. Briefly describe the provisions on pre-approval of enterprise names.
Conditions for the establishment of various enterprises. The condition for a corporate enterprise (1) to apply for the establishment of a limited liability company is 1, and the number of shareholders is less than 50; 2. Shareholders' capital contribution reaches the minimum statutory capital; (1) The minimum registered capital is RMB 30,000. Where laws and administrative regulations have higher provisions on the minimum registered capital of a limited liability company, those provisions shall prevail. (2) The initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor less than the statutory minimum registered capital, and the rest shall be fully paid by shareholders within two years from the date of establishment of the company; Among them, the investment company can pay in full within five years. 3. Shareholders * * * jointly formulate the Articles of Association; 4. Having a company name and establishing an organization meeting the requirements of a limited liability company; Where a board of directors and a board of supervisors are established, the number of members of the board of directors shall be 3- 13, and the number of members of the board of supervisors shall not be less than 3. There shall be an appropriate proportion of employee representatives in the board of supervisors, and the proportion of employee representatives shall not be less than 1/3, and the specific proportion shall be stipulated in the articles of association. A limited company with a small number of shareholders or a small scale may have an executive director 1 person and a supervisor 1-2, without a board of directors or a board of supervisors. 5. Have a company residence. (2) The condition for applying for the establishment of a one-person limited liability company is 1, and the shareholders are natural persons or legal persons; A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company. 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. 2. Have a company name; 3. Have a company domicile; 4. The minimum registered capital of a one-person limited liability company is RMB 100,000; (Where laws and administrative regulations have higher provisions on the minimum amount of registered capital, those provisions shall prevail. ) Shareholders shall pay in full the capital contribution stipulated in the Articles of Association. 5. The articles of association of a one-person limited liability company shall be formulated by shareholders. (III) Requirements for applying for the establishment of a wholly state-owned company A wholly state-owned company refers to a limited liability company that is solely funded by the state and authorized by the State Council or the local people's government to perform the responsibilities of the investor. 1. The articles of association of a wholly state-owned company shall be formulated by the State-owned Assets Supervision and Administration Commission, or by the board of directors and submitted to the State-owned Assets Supervision and Administration Commission for approval; 2. A wholly state-owned company shall set up a board of directors and a board of supervisors; Members of the board of directors shall include representatives of employees, who shall be elected by the employees' congress of the company. The number of members of the Board of Supervisors shall not be less than 5, among which the proportion of employee representatives shall not be less than 1/3, and the specific proportion shall be stipulated in the Articles of Association. The employee representatives in the board of supervisors are elected by the employee congress of the company. (4) Requirements for applying for establishing a branch: 1, with a name that meets the requirements; 2. Having a fixed business place; 3, there are corresponding management agencies and responsible persons; 4. The business scope of the branch shall not exceed the business scope of the company. 2. Conditions for an unincorporated enterprise (1) to apply for registration as an enterprise legal person: 1, with a name and articles of association that meet the requirements; 2. Having the property managed by the enterprise or owned by the enterprise authorized by the state, and being able to bear civil liability independently with its property; 3. There are management institutions, financial institutions, labor organizations and other institutions that must be established according to the scale of production and operation; 4. Having the necessary business premises and facilities suitable for the business scope; 5. Having employees suitable for the scale of production and operation and business (including: no less than 8 full-time employees); 6. Have a sound financial system, be able to conduct independent accounting and prepare the balance sheet independently; 7. Having a registered capital (not less than RMB 30,000) that meets the prescribed amount and is suitable for the business scope; 8. It has a business scope that conforms to the provisions of national laws, regulations and policies. (2) Requirements for applying for industrial and commercial registration: 1, with a name that meets the requirements; 2. Having fixed business premises and facilities; 3, there are corresponding management agencies and responsible persons; 4, there are funds and employees needed for business; 5. It has a business scope that meets the requirements; 6, there is a corresponding financial accounting system. Three. Requirements for applying for registration of an enterprise group (1) Requirements for the name of an enterprise group to be approved by State Taxation Administration of The People's Republic of China: 1, and the registered capital of the parent company is more than 50 million yuan (the parent company of an enterprise group should be a legal person enterprise; Set up an enterprise group with state-owned enterprises as the main body, and the registered capital of the core enterprises of the group is more than 654.38 billion yuan, which can be an unincorporated enterprise, the same below); 2. It has five holding subsidiaries; 3. The total registered capital of the parent company and its subsidiaries exceeds1000000 yuan. The establishment of a company shall apply for pre-approval of its name. Where laws and regulations stipulate that the establishment of a company must be submitted for examination and approval, or there are items in the company's business scope that must be submitted for examination and approval according to laws and regulations, the company name shall be pre-approved before being submitted for examination and approval, and the company name approved by the company registration authority shall be submitted. To establish a limited liability company, a representative designated by all shareholders or an agent entrusted by all shareholders shall apply to the company registration authority for name pre-approval; To establish a joint stock limited company, the representative designated by all the promoters or the agent entrusted by * * * shall apply to the company registration authority for name pre-approval. To apply for pre-approval of name, the following documents shall be submitted: (1) Application for pre-approval of company name signed by all shareholders of a limited liability company or all promoters of a joint stock limited company. (2) the legal person qualification certificate of the shareholders or promoters or the identity certificate of natural persons. (3) Other documents required by the company registration authority. The company registration authority shall make a decision on approval or disapproval within 10 days from the date of receiving the above documents. If the company registration authority decides to approve, it shall issue a Notice of Pre-approval of Enterprise Name. The pre-approved company name is retained for 6 months. The pre-approved company name shall not be used for business activities or transfer within the retention period.