1. Application for Registration of Enterprise Establishment signed by all partners (original1); 2. Agent's identity certificate (1 copy, original inspection); 3. Identification certificate of designated contact person (1 copy, original inspection); 4 enterprise name pre-approval notice number (fill in the application form); 5. Qualification certificates of all partners (1 copy, original identity certificate of natural person, and qualification certificate of unit stamped with official seal, marked "consistent with the original"); 6. Partnership agreement signed by all partners (original 65438+ 0 copies); 7. If the partnership agreement entrusts one or more partners to carry out partnership affairs, submit the power of attorney of the partners to carry out partnership affairs signed by all partners (original 1 copy); 8. If the executive partner is a legal person or other organization, it shall also submit the power of attorney of its appointed representative (original 1) and the identity certificate of the appointed representative (copy 1, the original identity certificate of natural person, and the unit qualification certificate stamped with the official seal, indicating "consistent with the original"); 9. Confirmation of all partners' subscribed or paid-in capital contribution to each partner. If the partners make contributions in kind, intellectual property rights, land use rights or other property rights, and the co-partners negotiate the price, they shall submit the negotiation price confirmation signed by all partners (original 1 copy); If all partners entrust a statutory appraisal agency to set the price, they shall submit the appraisal certificate issued by the statutory appraisal agency (original 1 copy) (note: if our bureau can enjoy the system inspection through the Supervision Bureau, it is not required to submit it; Otherwise, paper documents shall be submitted); 10. Information application materials for main business premises (filled in the application form); 1 1. If laws and administrative regulations require the establishment of a special general partnership, the professional qualification certificates of the partners shall be submitted (Note: if our bureau can enjoy systematic inspection through the Supervision Bureau, it is not required to submit; Otherwise, paper documents shall be submitted). The above is about this legal knowledge, I hope I can help you. If you are unfortunate enough to encounter some thorny legal problems and have the idea of entrusting a lawyer, there are many lawyers on our website who can provide services for you. We also support online selection of lawyers in designated areas, and all of them have detailed information about relevant lawyers.
Legal objectivity:
According to the provisions of Article 14 of the Partnership Enterprise Law, the establishment of a general partnership enterprise shall meet the following conditions: (1) There are qualified partners, and the following points shall be mastered: (1) Number of partners: the number of partners shall be no less than 2, and only 1 of investors shall be sole proprietorship rather than partnership. The Partnership Enterprise Law does not stipulate the upper limit of the number of partnership enterprises, that is, there is no upper limit of the number of partnership enterprises, which is the common practice of partnership legislation in continental law system. Of course, due to the human nature of partnership, the trust between partners is particularly important, so the number of partners in practice is generally not too much. (2) About the ability of partners. Partners must have corresponding capacity for civil conduct, that is, full capacity for civil conduct and unlimited liability. A person with limited capacity is not necessarily a partner, and a person without capacity is certainly not allowed to become a partner. Therefore, only those who are over 65,438+08 years old and over 65,438+06 years old but under 65,438+08 years old can become partners, but it should be noted that: First, according to Article 48 of the Partnership Enterprise Law, the general partner is legally recognized as having no civil acts. Second, according to Article 50 of the Partnership Enterprise Law, if a partner dies or is declared dead, his successor may obtain the partnership qualification according to the partnership agreement or with the consent of all partners; If the successor is a person without or with limited capacity for civil conduct, he may become a limited partner according to law with the unanimous consent of the partners, and a general partnership may be converted into a limited partnership. This means: first, a person without or with limited capacity for civil conduct cannot become the founding partner of the partnership; Second, a person without civil capacity or with limited capacity can and can only become a limited partner, but not a general partner. (3) Professional prohibition of partners. Persons prohibited by laws and administrative regulations from engaging in profit-making activities may not become partners in a partnership, including civil servants, judges, prosecutors, police officers, etc. (4) About the types of partners. According to the newly revised Partnership Enterprise Law, except natural persons, legal persons and other organizations can become partners in a partnership enterprise, and a partnership enterprise can be established between natural persons, legal persons or other organizations, and a partnership enterprise can also be established between natural persons and legal persons or other organizations. Legal person partnership is recognized by legislation, which is one of the major amendments of the newly revised partnership enterprise law. (5) Restrictions on the qualifications of general partners. Article 3 of the Partnership Enterprise Law clearly stipulates: "Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become general partners." According to this regulation, these units can't become partners of general partnership, but the law doesn't restrict them from becoming partners of limited partnership, which means that wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations can all become partners of limited partnership. (2) There is a partnership agreement. A partnership agreement refers to a contract signed by partners for the establishment of a partnership enterprise. The partnership agreement must be in the form of calligraphy and painting, and contain the following contents: (1) the name of the partnership enterprise and the location of its main business place; (1) The purpose of the partnership and the business scope of the partnership; (3) the name and domicile of the partner; (4) The mode, amount and time limit of capital contribution of the partners; (5) Measures for profit distribution and loss sharing; (six) the implementation of partnership affairs; (7) Joining and withdrawing; (8) dispute settlement methods; (9) dissolution and liquidation of the partnership enterprise. (10) Liability for breach of contract. The partnership agreement shall come into effect after being signed and sealed by all partners. The modification or supplement of the partnership agreement shall be unanimously agreed by all partners, unless otherwise agreed in the partnership agreement. (3) The capital contribution actually paid by the partners must be paid to the partnership organization. The capital contribution of a partner may be in cash, in kind, land use right, intellectual property right or other property rights. Upon consensus of all the partners, the partners may also make contributions in the form of labor services and technology. The capital contribution of partners is the basic material condition for the establishment of a partnership and the necessary condition for the qualification of partners. Where a partner contributes capital in a form other than currency, it shall generally be appraised, that is, the partner shall be recognized at a discount. The appraisal price shall be determined by the partners through consultation, or may be entrusted by all partners to a statutory appraisal institution for appraisal, and the appraisal report shall be used as the basis for discount. Where the investment is made by labor services, the evaluation method shall be determined by the partners through consultation and agreed in the partnership agreement. Partners shall fulfill their capital contribution obligations according to the mode, amount and time limit of capital contribution agreed in the partnership agreement. Where the capital contribution is made with non-monetary property, and it is necessary to go through the formalities for the transfer of property rights in accordance with the provisions of laws and administrative regulations, the partners shall do so in accordance with the law. If a partner violates the obligation of capital contribution, it constitutes a breach of contract, and other partners may investigate its liability for breach of contract. Partners can only take their actual contribution to the partnership as their share of capital contribution, and enjoy rights and obligations accordingly. Unlike companies, the Partnership Enterprise Law does not stipulate the minimum registered capital of a partnership enterprise, so there is no statutory minimum registered capital for a partnership enterprise. (4) Where the name of a partnership enterprise is one of the market entities, the partnership enterprise shall have its own name. Only when a partnership has its own name can it participate in civil legal relations in its own name, enjoy civil rights, undertake civil obligations and participate in litigation, and become a litigant. According to the General Principles of Civil Law, a partnership enjoys the right of name, that is, the partnership enjoys the exclusive right to use its registered name. Without permission, no one else may use the name of the partnership, otherwise it will constitute civil infringement. A partnership enterprise has the right to ask the actor to stop the infringement, eliminate the influence, make an apology, and may ask him to compensate for the losses. The name of a partnership enterprise shall be marked with the words "general partnership". As for whether the partnership enterprise can use the word "company", we believe that the company law does not stipulate that non-corporate enterprises cannot use the word "company", and the use of the word "company" does not necessarily indicate the form of corporate responsibility, and in fact, there are other enterprises in China that use the word "company" besides limited liability companies and joint stock limited companies, so the partnership enterprise can use the word "company" in its enterprise name. (5) Having business premises and necessary conditions for engaging in partnership operation. The business place refers to the place where a partnership enterprise engages in production and business activities. A partnership enterprise generally has only one business place, that is, the business place registered with the enterprise registration authority. The legal significance of business premises lies in determining the place of performance of debts, the place of jurisdiction of litigation and the place of service of legal documents. The necessary conditions for engaging in business activities refer to the conditions such as facilities, equipment and personnel required according to the business nature and scale of the partnership.