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Modern social economy is developing rapidly. Since the implementation of market economy, companies have been established one after another. When a company is established, it must pay statutory registered capital. But some people want to set up a company, but the money is not enough to set up a company.
1. Is the advance company legal?
It is not impossible to operate reasonably, but there are legal risks. After registration, they will withdraw the funds, and you will be suspected of evading funds.
2. What are the conditions for establishing a company
1. The shareholders must meet the quorum. Quorum refers to both legal qualifications and limited number of people. Legal qualifications refer to the qualifications for being a shareholder as stipulated by national laws, regulations and policies. The quorum is the number of shareholders required to establish a limited liability company as stipulated in the Company Law. The Company Law limits the number of shareholders of a limited liability company to no less than two and no more than fifty.
2. The shareholder’s capital contribution reaches the minimum limit of statutory capital. A company must have sufficient funds to operate properly. Without capital contributions from shareholders, the company cannot be established. The total capital contribution of shareholders must reach the minimum legal capital limit. If the minimum registered capital of a limited liability company in a specific industry needs to be higher than the limit specified in the preceding paragraph, it shall be separately stipulated by laws and administrative regulations (for example, the auction industry requires a registered capital of at least 1 million yuan).
Shareholders can make capital contributions in currency, or in kind, industrial property rights, non-patented technology, and land use rights. The amount of investment made in the form of industrial property rights and non-patented technology must not exceed the registered capital of a limited liability company. 20%, except where there are special provisions for the state’s adoption of high-tech achievements.
3. The shareholders jointly formulate the articles of association. The company's articles of association are formulated by all investors on the basis of voluntary consultation. With the consent of all investors, shareholders should sign and seal the company's articles of association.
4. Have a company name and establish an organizational structure that meets the requirements of a limited liability company. When establishing a limited liability company, in addition to its name complying with the general provisions for corporate legal person names, the company name must also indicate "limited liability company" or "limited company". Establishing an organizational structure that meets the requirements of a limited liability company means that the composition, formation, powers, etc. of the limited liability company's organizational structure meet the requirements stipulated in the Company Law. The company's organizational structure generally refers to the shareholders' meeting, board of directors, board of supervisors, managers or shareholders' meeting, executive directors, one to two supervisors, and managers.
5. Have a fixed production and operation site and necessary production and operation conditions.
3. Company establishment process
1. "Application for Registration of Branch Establishment" signed by the legal representative of the company (with official seal of the company);
2. "Certificate of Designated Representative or Authorized Agent" signed by the company (with official seal of the company) and a copy of the identity document of the designated representative or authorized agent;
3. Articles of Association ( Stamped with the company's official seal);
4. A copy of the company's business license;
5. Certificate of use of the branch's business premises;
6. Issued by the company A copy of the office documents and identity certificate of the person in charge of the branch;
7. The business scope of the branch applying for registration includes items that must be submitted for approval before registration according to laws, administrative regulations and decisions of the State Council. Submit relevant approval documents or copies of license certificates or license certificates;
8. If laws, administrative regulations and decisions of the State Council stipulate that the establishment of a branch must be submitted for approval, submit relevant approval documents or copies of license certificates .