What are the requirements for establishing a company registration process? In life, many people want to start a business. Starting a company is not that easy. It needs to follow a certain process and meet certain conditions. The following are the conditions for the establishment of the company registration process.
What conditions do you need to set up a company? Registration process 1 1. What are the procedures and conditions for setting up a company?
(1) Conditions for the establishment of the company
According to the Company Law of People's Republic of China (PRC), the basic elements of a company include the following aspects:
1. Organizational requirements: company category, company name, domicile, business scope and organization.
2. Elements of the founder:
(1) The founder of the company can be a natural person or a legal person.
(2) Requirements for the number of founders: The number of founders in the early days of a company varies from law to law.
According to the Company Law of People's Republic of China (PRC), a limited liability company is established by more than two shareholders and less than 50 shareholders.
To establish a joint stock limited company, there should be more than five promoters, more than half of whom must have domicile in China.
When a state-owned enterprise is transformed into a joint stock limited company, there may be less than five people, but it shall be established by way of offering.
(3) Capital contribution requirements of sponsors. In countries that implement the authorized capital system, there are no clear and strict legal provisions on the capital contribution requirements of promoters. However, China is a country that implements the principle of determining capital contribution, and there are strict and detailed regulations on the capital contribution requirements of promoters.
(2) The process and procedures for the establishment of the company
1. Provide copies of your and investors' ID cards, indicating the registered capital of the company and the capital contribution of all investors, and prepare the names of at least five companies in advance.
2. Select the nearest bank to handle the capital injection procedures.
3. Bring your ID card to the industrial and commercial office for signature verification.
4. After all documents are processed, choose the nearest bank to handle basic account and tax accounts.
5. All other formalities should be completed by relevant departments.
Second, matters needing attention
1. The registered capital of a limited liability company or a joint stock limited company shall not be lower than the statutory minimum registered capital stipulated in Articles 23 and 78 of the Company Law of People's Republic of China (PRC).
2. Regarding the mode of capital contribution, the law allows the use of physical objects, industrial property rights, non-patented technologies and land use rights that can be calculated in money as capital contribution. But at the same time, it is stipulated that the value of intangible assets shall not exceed 20% of the registered capital.
3. The founder must clearly stipulate the total registered capital of the company in the articles of association. The amount and mode of contribution of the promoters and the registered capital must be paid in full when the company is established.
According to Article 28 of the Company Law of People's Republic of China (PRC): "After the establishment of a limited liability company, if it is found that the actual price of the physical objects, industrial property rights, non-patented technology and land use rights as capital contribution is obviously lower than the amount stipulated in the company's articles of association, the capital contribution shareholders will make up the difference, and other shareholders at the time of the establishment of the company will be jointly and severally liable for it."
Where a joint stock limited company is established by offering, the shares subscribed by the promoters shall not be less than 35% of the total shares of the company, and the remaining shares shall be offered to the society.
4. It is forbidden to "falsely report the registered capital", "falsely contribute capital" or "withdraw capital". If yes, legal liabilities will be investigated according to Article 206 of the Company Law of People's Republic of China (PRC), Article 208th and relevant laws.
It is a pleasure to set up a company, but the procedures and materials needed in the process of setting up a company are very complicated and time-consuming, and non-professionals are easily confused. It is suggested that this involves the issue of handling documents, and you can find a formal tripartite agency to authorize it.
What conditions do you need to set up a company? 2. The process of registering a company. The steps to establish a domestic branch are as follows:
First of all, the applicant applies to the window of the Municipal Administration for Industry and Commerce with relevant materials. After the preliminary examination by experienced personnel, the applicant shall be issued with a Notice of Acceptance or a Receipt of Application Materials; If it does not meet the acceptance conditions, it shall inform the applicant of all the materials (notices) that need to be corrected on the spot or within 5 working days.
Two, the applicant's application materials are complete, in line with the statutory form, it shall decide whether to approve the registration on the spot, and issue a "notice of registration"; If it is necessary to verify the substance of the application materials, it shall issue a Notice of Matters Needed for Verification of Enterprise Registration Materials within ten working days, and make a decision on approving or rejecting the application.
Three, after five working days (except the substantive contents of the application materials), the applicant can enter the copy window to obtain the business license through the Notice of Registration Decision.
Second, the application materials:
1. Application for registration of branch establishment signed by the legal representative of the company (with the official seal of the company);
2. The certificate of the designated representative or entrusted agent signed by the company (company seal), a copy of the ID card of the designated representative or agent (signed by myself), the specific entrustment matters, the authority of the client and the entrustment period;
3. Articles of Association (signed by the legal representative);
4. A copy of the company's business license;
5. Certificate of use of the business premises of the branch:
The lessor shall submit the original and photocopy of the lease agreement and the copy of the lessor's property right certificate; Without obtaining the property right certificate, it shall submit the certificate of the real estate management department or a copy of the purchase contract and a copy of the house sales license; If the lessor is a hotel or restaurant, it shall submit a copy of the business license of the hotel or restaurant.
6. A copy of the certificate and ID card issued by the person in charge of the branch of the company;
7. The business scope of the branch application includes laws, administrative regulations and the State Council decisions, which must be submitted for examination and approval before registration, and the approval documents or copies of permits or licenses of relevant departments shall be submitted;
The business scope of the branch shall not exceed the business scope of the company.
8. Where laws, administrative regulations and decisions of the State Council stipulate that the establishment of a branch company must be approved, a copy of relevant approval documents or licenses shall be submitted;
If the above copy is not indicated, the original shall be submitted; If a copy is submitted, the company shall affix its official seal, and the original is the same.
What conditions do you need to set up a company? What are the requirements for registering a company? 3.
1. Shareholders meet the quorum. Quorum refers to the legal qualifications and limited number of people. Legal qualification refers to the qualification as a shareholder stipulated by national laws, regulations and policies. The quorum is the number of shareholders who set up a limited liability company as stipulated in the company law. The company law limits the number of shareholders of a limited liability company to two or more and fifty or less.
2. Shareholders' capital contribution reaches the minimum statutory capital. The company must have enough funds to operate normally. Without the contribution of shareholders, the company cannot be established. The total capital contribution of shareholders must reach the minimum amount of statutory capital. If the minimum registered capital of a limited liability company in a specific industry needs to be higher than that specified in the preceding paragraph, it shall be stipulated separately by laws and administrative regulations (for example, the auction industry needs at least 6,543.8+0,000 yuan of registered capital).
Shareholders can contribute capital in cash, in kind, industrial property rights, non-patented technology and land use rights. The amount of investment with industrial property rights and non-patented technology at a fixed price shall not exceed 20% of the registered capital of a limited liability company, unless the state has special provisions on the adoption of high-tech achievements.
3. Shareholders * * * jointly formulate the Articles of Association. The Articles of Association of the Company shall be formulated by all investors on the basis of voluntary consultation. With the consent of all investors, the shareholders shall sign and seal the Articles of Association.
4. Have a company name and establish an organization that meets the requirements of a limited liability company. To establish a limited liability company, in addition to the general provisions on the name of an enterprise as a legal person, it is also necessary to indicate "limited liability company" or "joint stock limited company" in the company name.
The establishment of an organization that meets the requirements of a limited liability company means that the composition, formation and authority of the organization of a limited liability company meet the requirements stipulated in the Company Law. The organizational structure of a company generally refers to the shareholders' meeting, the board of directors, the board of supervisors, the manager or the shareholders' meeting, the executive director, one or two supervisors and the manager.
5. Having a fixed production and business operation place and necessary production and business operation conditions.