1. How to register an international trading company?
1, industrial and commercial nuclear name
2. Name approval and verification (both legal person and supervisor are required to be present).
3. Issue a business license
4. Seal engraving (official seal, company seal, financial seal, etc.). )
5. Open a basic company account and handle tax matters (you can act as an agent when starting a business).
Second, the time required to register an international trading company.
1, it takes 5 working days to approve the name at a time, and 5 working days if it is rejected, and so on;
2. If the name is approved successfully, it will take about 2 1 working days to get the business license, which is already ahead of all districts in Shanghai. Time is money and efficiency is life.
3. If it is urgent, the certificate can be issued within 3-5 working days at the earliest; Details can be consulted;
4. After the business license comes down, you need to apply for an import and export right business license. It takes about 1 month and a half. If we cooperate well, the time will be advanced.
Third, how to prevent legal risks in international trade?
The risk of foreign trade enterprises in export business is mainly due to non-compliance with the relevant legal rules of international trade (including laws, regulations, rules, international treaties, practices, etc. ), resulting in legal sanctions, penalties, economic losses and other adverse consequences. Among them, the legal risks mainly include the legal risks of foreign exchange collection, criminal offences, administrative punishment and civil compensation.
Legal risk of foreign exchange collection and its prevention
(A) the legal risks of foreign exchange collection
From an economic point of view, the biggest risk of foreign trade enterprises in export business is the risk of foreign exchange collection. The occurrence of this risk is mainly due to the unfavorable agreement in the relevant export contract or improper operation in the performance process, which leads to the failure to recover the expected payment after the goods are exported as envisaged or agreed.
As far as the actual operation of legal counsel is concerned, the best way to control the risk of foreign exchange collection is to choose an appropriate and reasonable settlement method. Remittance, collection and letter of credit are three commonly used settlement methods in foreign trade at present. According to my lawyer's six years' experience as a legal adviser of foreign trade enterprises, the lowest risk settlement method in foreign trade is pre-shipment telegraphic transfer (pre-T/T), followed by documentary letter of credit (L/C) and D/A.
Under remittance mode, foreign exchange risks of foreign trade enterprises are divided into national risks of importing enterprises, such as war, nationalization and foreign exchange control, credit risks of importing enterprises, market risks of commodity markets and exchange rate risks under credit sales mode.
Under the collection method, because the bank is not responsible for ensuring the payment obligation of the importer, and the importer fails to pay the bill for various reasons, the bank will not keep the goods on behalf of the export enterprise, so it may cause the loss of related expenses such as handling freight refund, paying customs duties, warehousing, insurance, resale, and returning them to China at the place of import, and may even lead to the goods being auctioned at a low price at the place of import under certain conditions. In this way, D/A is usually adopted. For importers, under this condition, they only need to go through the D/A procedures on the draft, and they can immediately obtain the shipping documents and take delivery. Once the importer refuses to pay at maturity, the export enterprise will empty the payment.
Under the mode of letter of credit, malicious importers often deliberately use different "documents" and "documents" to open letters of credit, and set a discrepancy trap from the beginning of the opening of letters of credit to help the issuing bank relieve the payment responsibility, which leads to the refusal of export enterprises. For some export enterprises, due to the lack of legal and import and export-related knowledge, they are often influenced by the trap clauses set by importers in the letter of credit, which leads to the exporters' failure to complete the agreed terms of presentation. A typical example is that importers set commodity inspection clauses. Because the final decision after the commodity inspection terms are set is in the hands of the importer, the export enterprises can't meet the requirements of presentation of documents at all under the malicious circumstances of the importer.
(B) guard against foreign exchange risks
Export enterprises should establish a system to prevent risks from being recovered, and operate flexibly in the course of operation to control risks to a minimum. Lawyers suggest that we can consider establishing corresponding systems from the following aspects:
1. Establish and flexibly use a foreign exchange collection risk prevention system.
The main purpose of establishing the risk prevention system of foreign exchange collection is to monitor the risk in the whole process, prevent the risk and quickly reduce the loss caused by the risk when it occurs. The main contents of the system should include:
(1) Risk prevention in contract negotiation stage
The main goal of risk prevention in contract signing and negotiation stage is to strive for the most favorable contract terms and settlement methods to ensure the minimum risk. In future contract performance, different preventive measures should be adopted according to the agreement of different settlement methods. For example, in the case of remittance, the importer should be required to provide bank guarantee in the terms of the contract; In the case of collection, it should be noted that in international trade, Latin American countries have the practice of dealing with D/P settlement according to D/A. If the importer is a Latin American country, it should be stated in the contract or clearly agreed in other ways; If conditions permit, the contract terms should be designed to ensure the importer's ownership of the goods before payment, so as to prevent the goods from being lost without receiving the payment. When handling collection, do not specify the collecting bank in the collection power of attorney; For the letter of credit, the issuing bank and issuing bank of the other party should be clearly defined, and the importer should be required to return all three sets of original bills of lading as one of the return conditions.
(2) Matters needing attention in the process of contract performance
Because the most commonly used export method in China is the letter of credit, this paper mainly introduces the risk prevention of the letter of credit when introducing the prevention of contract performance.
1. When adopting the letter of credit settlement method, the export enterprise must require the importer to open a letter of credit, and should reserve enough time to handle the necessary amendments.
B. After receiving the letter of credit, the authenticity of the letter of credit shall be checked according to the regulations, so as to prevent the clause in the letter of credit that the importer still has the right to unilaterally relieve the payment responsibility at any time, and at the same time prevent the impossible "trap" clause in the letter of credit. If the contents of the above situation are found, the other party shall be required to make amendments immediately according to the contract requirements.
C, in international trade, "documents are consistent, only consistent" is the principle, and the corresponding risk prevention system should be improved and implemented according to this principle.
2. Establish and flexibly use the background investigation system for customers and related enterprises.
No matter how good and perfect the contract is, it can't prevent completely untrustworthy villains. In international trade, export enterprises should pay attention to the investigation of the importer's background and credit, even if it is only the most basic investigation, no matter what settlement method they choose.
(1) Conduct the most basic investigation on importers and their host countries through existing customers, lawyers and accounting firms, including registered capital, local influence, business reputation, assets, major lawsuits, national stability of host countries, and foreign relations between host countries and China;
(2) Set corresponding standards in the system to make the credit status of customers correspond to the settlement method of foreign exchange collection. For example, for old customers, customers with good credit standing or big global customers, export enterprises can consider adopting the forward mode of telegraphic transfer or D/A and D/P.. For new customers you don't know, customers with bad credit records or customers with certain political risks in the host country, priority can be given to payment by letter of credit. If the other party doesn't accept it, it will consider remittance.
(3) For the choice of trade terms, under normal circumstances, CIF or CFR terms should be adopted as much as possible to prevent importers from appointing freight forwarders to arrange transportation.
(4) For settlement banks, banks with good reputation and good business cooperation should be selected for settlement, so as to facilitate timely document modification and notification.
(5) The system should include the choice of carrier and freight forwarder.
If the carrier can choose correctly, it can effectively control the goods and try to avoid the importer appointing freight forwarders to arrange transportation. If the importer insists on using FOB terms and establishes shipping companies and freight forwarders to arrange transportation, the export enterprise should require the designated freight forwarder to entrust a freight forwarder recognized by the Ministry of Commerce to issue a bill of lading to gain control over the goods. At the same time, the forwarder who issued the bill of lading should be required to issue a letter of guarantee, promising that after the goods arrive at the port of destination, they can only be shipped with the original bill of lading circulated by the bank under the letter of credit, otherwise they should be liable for delivery without the bill of lading.
3, flexible use of recovery security system
In the export collection, the guarantee methods mainly include bank guarantee, standby letter of credit, international factoring, credit insurance and so on. For large or risky international trade, it should usually be considered.
Among them, the advantage of bank guarantee lies in its independent legal effect. When making a reasonable claim under the letter of guarantee, the guarantee bank must bear the responsibility for payment without the consent of the client, regardless of the actual performance of the contract. The other is easy to be accepted by both parties.
International factoring can provide credit insurance or account collection through the acquisition of creditor's rights. Simply put, it is to transfer the corresponding risks directly to international factoring at a certain cost.
Export credit insurance is a non-profit policy insurance with insurance reserve provided by the state finance. Its characteristic is to bear the political risk of the importing country and the commercial credit risk of the importing country itself, but its problem is that the handling basis is mainly insurance contract and insurance law, which can not replace the role of bank guarantee and international factoring in complex international trade.