Enterprises are divided into many types, including limited liability companies, joint-stock companies, partnerships, etc., all of which are market players.
First, if you want to register an enterprise or company, you need to complete the enterprise name approval first, and then go through the next registration formalities with the name approval notice after the enterprise name is clear.
2. After the name is approved, the promoters (shareholders) established by the company need to convene a shareholders' meeting to specify the candidates such as directors, supervisors, financial officers, legal representatives and company managers. , and clearly adopt the company's articles of association, the company's operating period, registered capital, the shares subscribed by each shareholder, the paid-in period and the company's business premises.
III. After the above information is approved by the meeting, the establishment manager of the company shall go to the enterprise establishment registration authority with the articles of association, the resolutions of the shareholders' meeting, the resolutions of the board of directors, the application form for company establishment registration, and the basic information of relevant responsible persons of the company.
After the enterprise registration is completed, the enterprise registration authority will issue a notice of registration approval, which can be queried on the software such as Enterprise Search APP, Tian Yue Search APP and Kaixinbao APP, and it is not necessary to register separately on the above software.
From the perspective of administrative violations, China's Anti-Money Laundering Law stipulates the obligation of individuals to report money laundering activities and the obligation to properly keep and use financial accounts. Therefore, it can be considered that the so-called "tax evasion" constitutes a violation of the law ("mainly the tax collection and management law") and administrative responsibility can be investigated.
From the point of view of criminal offence, the test of * * * is based on the principle of subordination, whether it is as "assistance in credit investigation" or "assistance in money laundering" or "assistance in fraud" or "assistance in tax evasion". If the principal offender is not found guilty (here refers to "meeting the constitutive requirements and breaking the law"), it belongs to normal business activities. "Not up to the filing standard" belongs to the problem of indictability, but it should be considered that the indictability of the principal offender is also an accessory, so it naturally does not constitute an accessory. As for asking questions, it is mainly a test of subjective factors. Helpers require "double intentions", that is, direct intentions and intentions to help achieve achievements. Helpers need to have the intention to help. Therefore, if you don't know that the other party is actually engaged in criminal acts, you should not be investigated as a helper.
Regulations of People's Republic of China (PRC) Municipality on the Administration of Registration of Market Entities Article 3 Market entities shall register in accordance with these Regulations. Without registration, it is not allowed to engage in business activities in the name of market entities. Except those that do not need to be registered as stipulated by laws and administrative regulations.
The registration of market entities includes establishment registration, change registration and cancellation registration.
Article 4 The registration management of market entities shall follow the principles of legality, standardization, openness, transparency, convenience and efficiency.
Article 5 The market supervision and administration department of the State Council shall be in charge of the registration and administration of market entities throughout the country.
The market supervision and management departments of local people's governments at or above the county level shall be in charge of the registration and management of market entities in their respective jurisdictions, and strengthen overall guidance, supervision and management.
Article 8 The general registered items of market entities include:
(1) name;
(2) discipline type;
(3) Business scope;
(4) domicile or main business premises;
(5) Registered capital or capital contribution;
(six) the name of the legal representative, managing partner or person in charge.
In addition to the provisions of the preceding paragraph, the following items shall be registered according to the types of market entities:
(1) Names of shareholders of a limited liability company, promoters of a joint stock limited company and investors of an unincorporated enterprise as a legal person;
(2) The name and domicile of the investor of the sole proprietorship enterprise;
(3) Names, domiciles and ways of assuming responsibilities of the partners of the partnership enterprise;
(four) the name, domicile and business premises of the individual industrial and commercial operators;
(5) Other matters stipulated by laws and administrative regulations.
Article 9 The following matters of market entities shall be filed with the registration authority:
(a) the articles of association or partnership agreement;
(2) Term of operation or partnership;
(3) The amount of capital contribution subscribed by the shareholders of a limited liability company or the promoters of a joint stock limited company, the amount of capital contribution subscribed or paid by the partners of the partnership enterprise, the duration and mode of capital contribution;
(4) Directors, supervisors and senior managers of the company;
(five) members of farmers' professional cooperatives (cooperatives);
(six) the names of family members of individual industrial and commercial households involved in the operation;
(seven) the registration of market participants and the receipt of legal documents of foreign-invested enterprises;
(8) Relevant information of beneficial owners of market entities such as companies and partnerships;
(9) Other matters stipulated by laws and administrative regulations.
Article 7 of the Anti-Money Laundering Law of People's Republic of China (PRC) * * * Any unit or individual has the right to report money laundering activities to the anti-money laundering administrative department or the public security organ. The organ that accepts the report shall keep confidential the informant and the contents of the report.
Article 37 of the Anti-Money Laundering Law of People's Republic of China (PRC) * * * Any unit or individual shall properly keep and use financial accounts and other financial instruments with the function of value receipt and payment, and shall not rent, lend, buy or sell financial accounts and other financial instruments with the function of value receipt and payment, or engage in other acts that facilitate illegal and criminal activities such as money laundering.
Article 287 bis of the Criminal Law of People's Republic of China (PRC) knowingly provides technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising, payment and settlement assistance, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 63 of the Law of People's Republic of China (PRC) Municipality on the Administration of Tax Collection, a taxpayer who forges, alters, conceals or destroys account books and vouchers without authorization, or overstretches expenditure or omits income in account books, or refuses to declare or falsely report tax after being notified by the tax authorities, or fails to pay or underpays the tax payable, is considered as tax evasion. If a taxpayer evades taxes, the tax authorities shall recover the unpaid or underpaid taxes and late fees, and impose a fine of not less than 50% but not more than five times the unpaid or underpaid taxes; If a crime is constituted, criminal responsibility shall be investigated according to law.