20 16 company registration process
Process 1: Apply for pre-approval of enterprise name.
1. Prepare relevant materials and submit an application for pre-approval of enterprise name to the name approval window of the Municipal Administration for Industry and Commerce.
2. Or apply for pre-approval of the enterprise name according to the name approval window of the district administration for industry and commerce within the jurisdiction where the enterprise is located.
Process 2: Apply for business license of enterprise legal person.
1. Prepare relevant materials and submit an application for establishment registration to the enterprise registration window of the Municipal Administration for Industry and Commerce.
2. Or apply for registration of establishment according to the enterprise registration window of the district industrial and commercial bureau within the jurisdiction where the business is located.
Process 3: Apply for online stamp.
Note: Prepare relevant materials and find a professional seal engraving company to apply to the Municipal Public Security Bureau for engraving online seals.
Process 4: Apply for organization code certificate.
1. Prepare relevant materials and apply to the Municipal Bureau of Quality and Technical Supervision for organization code certificate.
2. Or the District Bureau of Quality and Technical Supervision in the jurisdiction where the business is located applies for the organization code certificate.
Process 5: Apply for tax registration certificate
1. Prepare relevant materials and apply to Sichuan Provincial State Taxation Bureau and Municipal Local Taxation Bureau for the national tax registration certificate.
2. Or the district State Taxation Bureau and Local Taxation Bureau within the jurisdiction where the business is located shall handle the national tax registration certificate.
Process 6: Handle the bank basic deposit account.
1. Prepare relevant materials and apply to the selected bank to open a basic deposit account.
2. After opening a bank in basic deposit account, you can sign a tax withholding agreement and find an agency to help you with your monthly tax declaration and tax bookkeeping.
Requirements of Company Law on Company Sponsors
(a) the scope of sponsors
China stipulates that the promoters of joint stock limited companies should be legal persons established in People's Republic of China (PRC) (excluding private enterprises and wholly foreign-owned enterprises).
(2) qualification of promoters
According to China's regulations, only legal persons established in China (excluding private enterprises and wholly foreign-owned enterprises) can be the promoters of joint stock limited companies.
(3) The minimum number of promoters
China's "Company Law" stipulates that the establishment of a joint stock limited company should have more than five promoters, more than half of whom must have a domicile in China. When a state-owned enterprise is transformed into a joint stock limited company, there may be less than five promoters.
(4) the capital contribution of the promoters
According to the Company Law of our country, the contribution of the promoters of a joint stock limited company can be in cash, in kind, industrial property rights, non-patented technology or land use rights. Physical objects, industrial property rights, non-patented technologies or land use rights as capital contributions must be appraised and valued, property verified and shares converted. The amount of industrial property rights and non-patented technology contributed by promoters shall not exceed 20% of the registered capital of a joint stock limited company.
(5) Subscribe for shares and pay all the shares.
The promoters of a joint stock limited company must subscribe for the shares issued in accordance with the articles of association in writing in accordance with the provisions of the Company Law, and pay all the shares immediately; If the investment is made in kind, industrial property rights, non-patented technology or land use rights, the transfer procedures of its property rights shall be handled according to law.
(6) The materials that the promoters shall submit for public fundraising.
When the promoters offer shares to the public, they must submit an application to the securities management department of the State Council, and submit the following main documents:
1. Documents approving the establishment of the company;
2. Articles of association;
3. Business evaluation;
4. The name of the promoters, the number of shares subscribed by the promoters, the type of capital contribution and the capital verification certificate;
5. Prospectus;
6. The name and address of the bank offering shares;
7. Name of the underwriting institution and relevant agreements. Without the approval of the securities administration department of the State Council, the promoters may not offer shares to the public.
(7) Convening the inaugural meeting.
According to China's Company Law, after the shares issued have been paid in full, the promoters shall preside over the founding meeting of the company within 30 days, and the promoters shall notify the subscribers of the meeting date or make an announcement 15 days before the founding meeting. Unless the shares are not fully raised on schedule, the promoters fail to convene the founding meeting on schedule or the founding meeting decides not to set up the company, the paid-up or delivered share capital of the promoters shall not be withdrawn.
Legal effect of legal representative registration
The law provides that:
Article 13 of the Company Law stipulates that the legal representative of the company shall serve as the chairman, executive director or manager in accordance with the company's articles of association and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
Article 9 of the Regulations on the Administration of Company Registration stipulates that the name of the legal representative is a registered item.
Article 3 of the Regulations on the Administration of Registration of Legal Representatives of Enterprise Legal Persons stipulates that the legal representative of an enterprise legal person (hereinafter referred to as the legal representative) has been approved and registered by the enterprise registration authority and obtained the qualification of legal representative.
The specific legal effect of the company's legal representative registration.
1, external effect
Statutory registration system generally exists based on the system value of publicity and public trust, such as the registration system in property law. The legal representative registration system in company law is no exception. As one of the personality elements of a company as a legal person, the registered items such as the legal representative of the company are aimed at protecting the third party who has various legal relations with the company. Therefore, the primary significance of legal representative registration is to publicize to the external third party as the legal representative of the company. In this sense, registration is one of the effective elements for a specific person to become the legal representative of a company in a complete sense. Without registration, the person cannot effectively act as the legal representative of the company.
Since it is a publicity system, it will inevitably produce the effect of public trust. As far as the legal representative registration is concerned, a third party can rely on this registration to trust that the registered person has the right to represent the company. The Trust shall remain valid until the legal representative changes his registration, including the period from the date when the legal representative is removed from the post of chairman, executive director or general manager to the date when the legal representative changes his registration.
2. Internal effectiveness
Because this kind of registration publicity is aimed at protecting the third party, the registration of legal representative is not binding on the company, shareholders and other senior executives internally. In other words, within the company, after the new legal representative is determined, even if it has not been registered, the new legal representative has been able to replace the legal representative who is still registered within the company, and has obtained effective external representation within a specific scope (such as signing the power to change the original legal representative on behalf of the company).
That is to say, as far as the legal representative is concerned, registration is only a condition for the legal representative to produce external effects; However, in order to have internal effects, you must also meet the basic qualifications, that is, to be the chairman, executive director or general manager of the company. In other words, the registration effect of the legal representative is the same as the third paragraph of Article 32 of the Company Law (that is, the company shall register the names of shareholders with the company registration authority; Where the registered items are changed, the registration of change shall be handled. Without registration or change of registration, it has no effect against a third party. The registration effect of a shareholder is the same as that of a third party. Without registration, it will have no effect against third parties.
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Expenses of each process in the process of company establishment (for reference only)
Nuclear name
Registration fee (30 yuan) However, the registration fee for the Provincial Administration for Industry and Commerce is 50 yuan, and the registration fee for jinniu district is free. Generally, you can get the approval notice the next day, but it usually takes 5 to 7 working days if you register your name with the industrial and commercial bureaus in each district (from 20 1 1 year 1 month 1, the registered capital of the enterprise with the highest provincial name shall not be less than 2 million). (Generally, 3 to 5 names are prepared when verifying names. According to the regulations, duplicate names and well-known trademarks in the same industry shall not be approved).
Industrial and commercial establishment registration
After the capital verification report is issued, you can go to the Administration for Industry and Commerce to submit the materials for establishment registration. The materials you need to prepare include: name verification notice, copies of all shareholders' ID cards, articles of association, resolutions of shareholders' meeting, copies of property rights, lease agreement and original capital verification report. Get an enterprise registration form from the industrial and commercial bureau, fill in the form and submit the prepared materials to the acceptance window. If accepted, you can usually get a business license the next day. In the establishment of this industrial and commercial office, the fee charged by the industrial and commercial bureau is 8/10000 (within 10 million) of the registered capital, and 10 million to 100 million is 4/10000, and no registration fee is charged for more than 100 million.
always remember
After getting the business license, you can engrave the seal. The lettering is relatively simple, just need a copy of the business license and a copy of the legal person's ID card. Because it is stamped online, it needs to go to the public security bureau for the record. This stamp carving company can do it for you. You can get the stamp the next day after submitting the information. There are three kinds of seals: official seal, company seal and financial seal. All three seals have online numbers, and the numbers are different. Chengdu lettering costs generally vary from 580 yuan to 320 yuan.
Processing organization code
The materials needed to handle the organization code are a copy of the business license and a copy of the legal person's ID card. Remember to bring your official seal. After the window is accepted, it can be collected within half an hour to one hour. The fee is 108 yuan, and the Municipal Administration for Industry and Commerce charges 148 yuan.
Apply for tax registration certificate
Materials required for tax registration certificate: (copy of business license, organization code, shareholder ID card, property right, rental contract, capital verification report) copy, original corporate ID card, and original shareholder ID card is also required in some areas. The original main purpose is to check whether the legal person owes or evades taxes in other places. You also need to fill out a tax registration form. After the window is accepted, it can generally be collected on the spot, and some areas need to collect it the next day. You don't need to pay for the tax registration certificate, but you need to report to the competent tax authorities within 5 to 7 working days after you apply for the tax registration certificate, otherwise you will be fined.
Tip: After the above procedures, the enterprise registration will be completed, but there are still things to be done, and I have to go to the bank to open basic account.
Handle the bank in basic account
Materials required for opening basic account: (original business license, original organization code certificate, original tax registration certificate, ID card) copy. Also bring the original ID card and three online signatures, and all shareholders should be present to sign. After the bank information is collected completely, people will be sent to the place where the enterprise is located to take photos to verify the address, and then reported to the People's Bank of China. After approval, an account opening permit will be issued, so that even if basic deposit account is opened, it can be used normally after activation. At this time, if you want to apply for online banking and check early, you need to buy a password cashier for the check (430 yuan). It usually takes two to four weeks for a bank to open a basic account, mainly depending on the efficiency of the bank. The fees for opening an account in basic account vary from 430 yuan (Minsheng Bank) to 2,200 yuan (Industrial and Commercial Bank).
After the above is completed, all the procedures for your company's registration are completed. You need to sign a withholding tax agreement with the bank for the rest, and then your monthly tax will be deducted directly from your company's basic account. Declare and pay taxes on time every month, and conduct annual inspection on business license, organization code and bank basic account.
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