What are the relevant laws and regulations of the National Development and Reform Commission on project application? Please list, the more detailed the better, thank you!

How to handle the registration of enterprise restructuring

Where an applicant applies for an administrative license in a non-fixed form, it shall also provide the detailed contact telephone number, mailing address, e-mail address and entrustment documents of the applicant or the agent entrusted by the applicant according to law.

If the applicant submits an application for administrative license to the administrative licensing organ of the administrative department for industry and commerce by letter, it shall be the original of the relevant application documents and certificates, and the signature and seal of the application documents shall be true and effective.

Registered jurisdiction

City Administration for Industry and Commerce registration jurisdiction:

1. Non-corporate enterprises are restructured (changed) into joint stock limited companies and group parent companies;

2. The state-owned assets supervision and administration institutions that perform the responsibilities of investors by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are reorganized into wholly state-owned companies, and reorganized into wholly state-owned companies holding more than 50% of the shares;

3, has been registered in the Municipal Bureau of enterprise restructuring;

4. The stock assets of collective enterprises are defined as collective ownership, and the collective assets association is established and restructured into a limited company;

5. Franchised enterprises in the automobile trading market, enterprises engaged in private entry and exit intermediaries, registered agents, second-hand motor vehicle brokers, futures brokers, investment funds, talent intermediary services, credit information and coal mine operations are transformed into companies;

6. Restructured enterprises authorized and registered by the State Administration for Industry and Commerce;

7. Restructured enterprises that should be registered by the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government according to laws, administrative regulations or decisions of the State Council;

8, the Municipal Bureau decided to register enterprises.

Special attention: Haidian Branch is responsible for the following restructuring registration:

1. The unincorporated enterprise in Haidian District is restructured (changed) into an unlisted joint stock limited company;

2. The unincorporated enterprise in Haidian District is restructured (changed) into the parent company of the group, except that the parent company is a listed company limited by shares;

3. Haidian District has been restructured into a wholly state-owned company in which the state-owned assets supervision and administration institutions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government perform the responsibilities of investors, and has been restructured into a wholly state-owned company with more than 50% shares;

4. The franchised enterprises in Haidian automobile trading market and franchised enterprises in other markets are restructured into companies.

District (county) sub-bureau restructuring registration jurisdiction:

1. Enterprises other than those registered by the State Administration for Industry and Commerce and the Municipal Bureau of Economic Restructuring;

2, has been registered in the enterprise restructuring branch;

3, within the jurisdiction of the State Administration for Industry and Commerce and the Municipal Bureau authorized restructuring and registration of enterprises.

charging standards

The items and standards of enterprise restructuring registration fee are as follows:

1. If the registered capital (gold) is increased after the overall restructuring of the enterprise, the registration fee shall be charged according to the following standards: if the registered capital (gold) does not exceed100000 yuan, the increased part shall be charged at 0.8‰; If it exceeds 6,543,800 yuan, the excess will be charged at 0.4‰; If it exceeds 1 100 million yuan, the excess will not be charged. If the registration fee for increasing the registered capital (gold) is charged, the change registration fee is not charged. Minimum charge for capital increase 100 yuan;

2, the original enterprise restructuring as a whole, after the restructuring of the registered capital of the enterprise has not increased, according to the 50 yuan charge change registration fee.

Go through the formalities of enterprise restructuring

For enterprise restructuring, generally go through the following steps:

The first step, the preparation stage:

Formulate the restructuring plan, define property rights and evaluate assets (state-owned assets shall be examined and approved by the state-owned assets management department or put on record), obtain the approval documents of the restructuring organizer or competent department, and the staff (representative) meeting will confirm the resolution of the restructuring document;

Step 2, apply for registration:

1. If the name of an enterprise changes after the restructuring, it shall first go through the pre-registration procedures for name change and obtain the relevant registration form;

2, enterprise restructuring needs to increase monetary funds, to the capital bank confirmed by the Industrial and Commercial Bureau to open a capital account, go through the capital verification procedures, and go through the capital verification procedures at the statutory capital verification institutions;

3. Submit the application materials and receive the acceptance notice after the materials are complete;

4. Pay the registration fee and obtain the license according to the date specified in the acceptance notice.

For name change registration, please refer to the one-time notice ①-How to register the name in advance.

Provisions on the name of the restructured enterprise: 1 July, 19941The enterprises and institutions owned by the whole people that were established a few days ago can continue to use their original names and affix the words "limited (liability) company" or "joint-stock (limited) company" to the original names.

1April 6, 998 If an enterprise owned by the whole people that was established before the implementation of the Interim Measures for the Administration of Enterprise Group Registration was restructured and registered as a company, and the word "group" was included in its name and its registered capital reached 50 million yuan, it is allowed to continue to use the word "group".

If the name of the original wholly state-owned company contains the word "group", the word "group" can be directly used in the name of the newly established company due to reorganization, merger or division.

Documents and certificates to be submitted when applying for restructuring registration.

(1) Documents and certificates to be submitted when a non-corporate enterprise legal person is transformed into a corporate enterprise legal person (including a joint stock limited company):

1. Transformation of enterprise legal person owned by the whole people into enterprise legal person (including joint stock limited company);

(1), enterprise change (restructuring) registration (filing) application form (including enterprise change (restructuring) registration application form, change unit investor (unit shareholder, sponsor) list, change natural person shareholder (sponsor), sole proprietorship enterprise investor, partnership enterprise partner list, change investor list.

(2), the "letter of appointment (entrustment)" and a copy of the identity certificate of the designated representative or entrusted agent (should indicate the handling matters, authority and authorization period of the designated representative or jointly entrusted agent; The letter of appointment (power of attorney) for conversion into a joint stock limited company shall be signed by all directors of the joint stock limited company);

(3) A document issued by the organizer agreeing to the restructuring;

(4) The dismissal document of the original legal representative of the enterprise issued by the organizer (the submission of changing the legal representative of the company after the transformation can be merged with item 3);

(5), all staff (representative) general assembly resolution;

(6), involving the transfer should be submitted to the transfer agreement; Involving the transfer of state-owned property rights in this Municipality, the property right transaction certificate issued by Beijing Property Rights Exchange Co., Ltd. shall be submitted; Involving the transfer of state-owned property rights of central enterprises, it shall submit the Certificate of Property Rights Transaction issued by the pilot institution of state-owned property rights transaction of central enterprises; Involving the transfer of state-owned property rights in different places, according to the relevant provisions of the local government's state-owned property rights, submit the delivery documents of property rights transfer issued by the prescribed property rights trading institutions or the approval documents of property rights transfer issued by the state-owned assets management department;

(VII) Resolutions of the shareholders' meeting of the company after the share conversion; (If it is reorganized into a joint stock limited company, it shall be submitted to the resolution of the shareholders' meeting [if it is signed by the promoters, it shall also be submitted to the resolution of the board of directors, the resolution of the board of supervisors and the resolution of the staff (representative) meeting of the joint stock limited company]);

(8) Articles of Association after conversion (if it is a limited liability company after conversion, it shall be signed by all shareholders; If it is a wholly state-owned company after the transformation, it shall be stamped with the official seal by the State Council, the local people's government or the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by it; If it is a one-person limited liability company after conversion, it shall be signed by the shareholders; If it is a joint stock limited company after conversion, it shall be signed by all promoters);

(9) Where laws, administrative regulations and decisions of the State Council stipulate that the transformation or change of registration of an enterprise as a legal person must be approved in accordance with the Company Law, a copy of the relevant approval documents or license certificate shall be submitted; (If the company applies for increasing the permitted business scope at the same time, it shall submit the relevant approval documents or a copy of the license certificate or license certificate);

(10), the qualification certificate of the shareholders or promoters of the transformed company (if the shareholders are enterprises, a copy of the business license stamped with the official seal of the enterprise shall be issued; If the shareholder is a public institution, a copy of the legal person certificate of the public institution stamped with the official seal of the institution shall be issued; If the shareholders are social organizations, a copy of the Registration Certificate of Social Organizations as Legal Persons stamped with the official seal of the unit and a certificate of social organizations not organized by party and government organs confirmed by the management department of non-governmental organizations shall be issued; If the shareholder is a natural person, a copy of his identity card or other legal identification certificate shall be issued; If the shareholder is a trade union, the approval document for the capital contribution of the trade union at or above the county level shall be submitted; Other shareholders or promoters submit qualification certificates as stipulated by relevant laws and regulations);

(1 1), according to the provisions and procedures of the converted articles of association, submit the certificate of appointment of the legal representative (a limited liability company shall submit the resolution of the shareholders' meeting, the resolution of the board of directors or other appointment and dismissal documents, and the resolution of the shareholders' meeting shall be signed by all shareholders, and the resolution of the board of directors shall be signed by the company's directors; A joint stock limited company submits a resolution of the board of directors signed by the company's directors; The approval documents submitted by the wholly state-owned company to the State Council, the local people's government or the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by it or the resolutions of the board of directors signed by the directors of the company; A decision document signed by shareholders, a resolution of the board of directors signed by the company's directors or other documents submitted by a one-person limited liability company);

(12), the original enterprise assets appraisal report and the documents approved or filed by the state-owned assets supervision and administration institution can also be filed by enterprises or departments with the authority to record the state-owned assets appraisal; If it is converted into a wholly state-owned company or a state-owned one-man company, it is not necessary to submit an evaluation report, but should submit a reply issued by the state-owned assets supervision and administration department or its confirmed investor (the amount of registered capital (paid-in capital) and financial debt after the transformation should be confirmed in the reply) and a financial guarantee letter, as well as a certificate of property right registration and an audit report of the previous year;

(13). For the conversion, the capital verification certificate issued by a legally established capital verification institution shall be used. If the shareholder's new capital contribution is non-monetary, the appraisal report (the approval or filing documents of the state-owned assets management department shall be submitted if the state-owned assets are involved) and the report of the statutory capital verification institution to verify the appraisal results and handle the formalities of property right transfer shall be submitted; A certificate submitted by a wholly state-owned company to the state-owned assets supervision and administration institution confirming the registered capital (paid-in capital) of the company after the share conversion;

(14), if there is a bank loan, submit the certificate of financial asset preservation and the confirmation certificate of the creditor financial institution;

(15). If you apply for a change of residence at the same time, you should also submit a certificate of residence use. For details, please refer to the Certificate of Enterprise Residence in the Application for Enterprise Change (Restructuring) Registration (Filing).

(16), approval notice of enterprise name change;

(17) Original and photocopy of Business License of Enterprise as a Legal Person.

2. Transformation of collective enterprise legal person into corporate legal person (including joint stock limited company): (including transformation of private collective enterprise legal person without supervisor into corporate legal person)

(3) A document issued by the organizer agreeing to the restructuring; (Unregulated private collective enterprises must issue an audit report confirmed by investors);

(4) The dismissal document of the original legal representative of the enterprise issued by the organizer (if the company changes its legal representative after the transformation, it can be submitted together with Item 3; Unregulated private collective enterprises must issue an audit report confirmed by the investor);

(5), all staff (representative) general assembly resolution; (Unregulated private collective enterprises shall be jointly issued by investors and employees with a confirmed audit report);

(six) to notarize the convening and voting process of the workers' (representatives) general assembly. (Zhongguancun demonstration zone enterprises can also announce the resolutions of the workers' (representatives') general assembly in the form of announcements. The enterprise shall file an application for change of registration 30 days after the announcement. During the announcement period, if the employees of the enterprise have objections to the resolution, they shall apply for registration of change after reaching an agreement with the employees. )

(7), involving the transfer should be submitted to the transfer agreement;

(VIII) Resolutions of the shareholders' meeting of the company after the share conversion; (If it is reorganized into a joint stock limited company, it shall be submitted to the resolution of the shareholders' meeting [if it is signed by the promoters, it shall also be submitted to the resolution of the board of directors, the resolution of the board of supervisors and the resolution of the staff (representative) meeting of the joint stock limited company]);

(1 1), the articles of association of the company after the share conversion (if it is a limited liability company after the share conversion, it shall be signed by all shareholders; If it is a wholly state-owned company after the transformation, it shall be stamped with the official seal by the State Council, the local people's government or the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by it; If it is a one-person limited liability company after conversion, it shall be signed by the shareholders; If it is a joint stock limited company after conversion, it shall be signed by all promoters);

(12) according to the provisions and procedures of the converted articles of association, submit the certificate of appointment of the legal representative (a limited liability company submits a resolution of the shareholders' meeting, a resolution of the board of directors or other appointment and dismissal documents, and the resolution of the board of directors is signed by all shareholders; A joint stock limited company submits a resolution of the board of directors signed by the company's directors; The approval documents submitted by the wholly state-owned company to the State Council, the local people's government or the state-owned assets supervision and administration institution of the people's government at the corresponding level authorized by it or the resolutions of the board of directors signed by the directors of the company; A decision document signed by shareholders, a resolution of the board of directors signed by the company's directors or other documents submitted by a one-person limited liability company);

(13), the original enterprise asset appraisal report and the property right definition document; (refers to the capital declaration form, capital audit form, property right definition agreement or property right registration certificate of urban collective assets. Rural collectives (if the superior unit is an agricultural, industrial and commercial company) do not need to provide property rights definition documents, but only the approval documents of the township (town) government and rural management stations; If an unsupervised private collective enterprise cannot provide a document defining property rights, it shall issue an audit report for confirmation; If there are collective shares, the approval documents issued by the competent department of collective economy designated by the district government shall be quantified)

(14). The conversion shall be carried out with the capital verification certificate issued by a legally established capital verification institution. If the new capital contribution of shareholders is non-monetary, an evaluation report (approval or filing documents of the state-owned assets management department shall be submitted if the state-owned assets are involved) and a report of the statutory capital verification institution to verify the evaluation results and handle the formalities of property right transfer shall be submitted; A certificate submitted by a wholly state-owned company to the state-owned assets supervision and administration institution confirming the registered capital (paid-in capital) of the company after the share conversion;

(15), if there is a bank loan, submit the certificate of financial asset preservation and the confirmation certificate of the creditor financial institution;

(16). If you apply for a change of residence at the same time, you should also submit a certificate of residence use. For details, please refer to the Certificate of Enterprise Residence in the Application for Enterprise Change (Restructuring) Registration (Filing).

(17). If an application is made to increase the business scope at the same time, and there are items in the increased business scope that must be approved by laws, administrative regulations and the State Council decisions, relevant approval documents or license certificates or copies of licenses shall be submitted;

(18), approval notice of enterprise name change;

(19), the original and duplicate of the business license of the enterprise as a legal person.

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