A, the limited liability company bidding conditions
1. Shareholders meet the quorum.
The number of legal shareholders must be less than 50. Under special circumstances, state-authorized investment institutions or state-authorized departments may establish wholly state-owned limited liability companies.
2. Shareholders' capital contribution reaches the statutory minimum capital.
Statutory capital refers to the amount of capital paid by the company at the time of registration with the company registration authority, that is, the capital confirmed by legal procedures.
The registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered in the company registration authority. The initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital and not less than the statutory minimum registered capital, part of which shall be fully paid by shareholders within two years from the date of establishment of the company, and the capital contribution of all shareholders shall not be less than 30% of the registered capital of a limited liability company.
3. Shareholders * * * jointly formulate the Articles of Association.
The articles of association are the basic rules about the company organization and its activities.
4. Have a company name and establish an organization that meets the requirements of a limited liability company.
As an independent enterprise legal person, a company must have its own name. The company must also comply with the provisions of laws and regulations when establishing its name. The organization of a limited liability company refers to the shareholders' meeting, the board of directors or executive directors, the board of supervisors or supervisors.
5. Having a fixed production and business operation place and necessary production and business operation conditions.
The place of production and business operation can be the company's residence or other business premises. Production and operation conditions refer to the conditions suitable for the company's business scope. They are the material basis for the company to engage in business activities and the minimum requirements for the establishment of the company.
Second, the conditions for applying for a joint stock limited company
1. The sponsors meet the quorum.
The establishment of a joint stock limited company must have sponsors, who can be natural persons or legal persons. The number of promoters should be more than 2 and less than 200, and more than half of them must have a residence in China.
2. The share capital subscribed by the promoters and publicly raised by the society reaches the minimum statutory capital.
The registered capital of a joint stock limited company is the paid-in share capital registered with the company registration authority. The total share capital is the product of the par value of the company's shares and the total number of shares, and the minimum registered capital of the company is RMB 5 million. If the minimum amount needs to be higher than 5 million yuan, it shall be stipulated separately by laws and administrative regulations.
3. The issuance and preparation of shares are in compliance with the law.
4. The promoters shall formulate articles of association, which shall be adopted by the founding meeting.
5. Have a company name and establish an organization that meets the requirements of a joint stock limited company. The organization of a joint stock limited company consists of the shareholders' meeting, the board of directors, the manager and the board of supervisors.
The shareholders' meeting is the highest authority. Shareholders attend the shareholders' meeting, and each share they hold has one vote. The board of directors is the executive body of the company's shareholders' meeting and consists of 5- 19 people. The manager is responsible for the daily operation and management of the company.
6. Having a fixed production and business operation place and necessary production and business operation conditions.
Third, the bidding procedure of the partnership enterprise.
1, there are two or more partners, all of whom are legally liable for unlimited liability.
The number of partners in a partnership is at least 2, which is the minimum requirement. No maximum quantity is specified. Unlike the shareholders of a limited liability company, the partners in a partnership bear unlimited liability, and the partnership is not allowed to have partners who bear limited liability.
2. There is a written partnership agreement.
A partnership agreement is a legally binding agreement reached by all partners through consultation and mutual determination of their rights and obligations. The partnership agreement shall be reached by all partners through consultation and concluded in writing. The partnership agreement shall come into effect after being signed and sealed by all partners.
3. The amount of capital contribution actually paid by each partner.
Partners may make capital contributions in cash, in kind, land use rights, intellectual property rights or other property rights, and with the unanimous consent of all partners, they may also make capital contributions in labor services. The evaluation method of labor service investment shall be determined by all partners through consultation.
4. Have the name of the partnership enterprise.
When establishing a partnership, partners must determine the name of their partnership, which must comply with the relevant provisions on the management of enterprise names.
5. Having business premises and necessary conditions for engaging in partnership operation.
If a partnership enterprise wants to engage in production and business activities regularly and continuously, it must have certain business premises and the necessary conditions for engaging in partnership operation.
Four, the conditions for the establishment of a sole proprietorship enterprise
1. The investor is a natural person and can only be a citizen of China.
2. It has a legal enterprise name.
3. If the investor declares his contribution, the investor can contribute with personal property or family property.
4. Have a fixed production and business operation place and necessary production and business operation conditions.
5. Necessary staff
6. A sole proprietorship enterprise does not need registered capital.
Legal basis:
Article 20 of the Regulations of the People's Republic of China on the Administration of Company Registration
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 registration of establishment. To establish a wholly state-owned company, the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by the State Council or the local people's government shall be the applicant to apply for registration of establishment. Where laws, administrative regulations or decisions of the State Council stipulate that the establishment of a limited liability company must be approved, it shall apply to the company registration authority for establishment registration within 90 days from the date of approval; Where an application for registration of establishment is overdue, the applicant shall report to the approval authority to confirm the validity of the original approval document or submit it for approval separately. To apply for the establishment of a limited liability company, the following documents shall be submitted to the company registration authority: