Question 2: What does the name of the business entity declared by the AIC mean? It means your company name.
Question 3: What are the main contents of the establishment registration of commercial entities? The main items of the establishment registration of a commercial enterprise are: the name of the business firm, the domicile and business premises of the commercial enterprise, the name of the person in charge or legal representative, the date of opening, the form of economic organization, the scope of business, the mode of operation, the total amount of funds, the number of employees and other related matters. The main items of establishment registration of individual industrial and commercial households are: enterprise name, business address or regional scope, name, domicile, opening date, business scope, mode of operation, total capital and number of employees. In addition to the above, the seals of commercial enterprises or individuals, plates of shops, bank accounts and even the signatures of legal representatives of some countries are all items that should be registered.
To establish a commercial entity, the following materials shall be submitted to the commercial registration authority:
(1) An application for registration of establishment;
(2) Articles of association or agreement;
(3) Notice of name pre-approval;
(4) Information materials of the domicile or business premises; (five) the qualification certificate of the investor;
(six) documents and identity certificates of the person in charge, senior managers and other relevant members;
(seven) other materials prescribed by the commercial registration authority.
Commercial subject, also known as commercial legal relationship subject and commercial subject, refers to individuals and organizations that have commercial rights and commercial behavior capacity, can independently engage in commercial behavior in their own names, enjoy rights and assume obligations in commercial legal relations.
Question 4: Commercial registration inquiry (information inquiry on registration and filing of commercial entities) Registration number: Name of commercial entity: full name of organization code: Your question is incomplete. Presumably, you want to do business with a company in Shenzhen.
After the reform of the commercial registration system in Shenzhen, the paid-in registered capital no longer needs to be registered, and the enterprise address is also subject to the declaration. Please deal carefully.
Question 5: How to fill in the correct name and address in Shenzhen commercial subject information publicity system?
Question 6: What is business? The business subject in traditional commercial law is also called a businessman. Refers to the natural person and legal person organization that participates in commercial activities, enjoys commercial rights and undertakes corresponding obligations according to the relevant provisions of the Commercial Law. As a businessman, he should have the qualification or ability in commercial law, be able to engage in commercial activities in his own name, and independently enjoy the rights and obligations in commercial law. When summarizing the concept of commercial subject, scholars often emphasize the basic characteristics of its subject, and think that commercial subject refers to the subject to which commercial rights and obligations belong. Commercial subjects are participants in various commercial activities and parties to commercial legal relations. However, when generalizing the concept of commercial subject, modern commercial laws in various countries often do not pay attention to the external characteristics of commercial subject, but emphasize the substantive conditions that constitute commercial subject. That is to say, the law usually requires commercial subjects to continuously engage in some profitable business behavior as their basic condition, and stipulates that any individual or organization whose regular occupation is to engage in specific business behavior can become a businessman in accordance with legal procedures. Different from the early commercial law, in modern commercial law or commercial customary law, the concept of merchant (merchant subject) has no exact legal meaning and is not protected as an independent class. The French Commercial Code 1808 took the lead in abolishing the old commercial law principle, and replaced it with the so-called commercial behavior law principle, which defined the scope of commercial law by commercial behavior and prohibited any natural person from enjoying commercial privileges. According to the general understanding of modern national commercial law, the substantive standard of commercial subject is that businessmen must engage in profit-making commercial behavior. That is to say, as a businessman, four conditions must be met: (1) commercial subjects must engage in commercial activities, and such commercial activities should be specific; (2) The commercial subject must be the subject of the commercial activities it is engaged in, the master of specific commercial activities, and the actual undertaker of the rights and obligations of commercial activities; (3) commercial subjects must continue to engage in profit-making activities of the same nature, and individuals or organizations that occasionally engage in a profit-making activity are usually not businessmen; (4) commercial subjects must take specific profit-making activities as their occupation or regular business, and people engaged in non-profit activities are not among businessmen according to the laws of many countries. Characteristics of business subject As the behavior subject in commercial law, businessmen should have some legal characteristics different from ordinary civil subjects in addition to the basic requirements and characteristics of civil subjects in civil law. These legal features are as follows: first, commercial subjects must have commercial ability. The so-called commercial capacity refers to the commercial right capacity and commercial behavior capacity of commercial subjects in commercial law. This has two meanings: one is that the commercial subject must be able to participate in commercial activities, and the other is that the commercial subject has a specific business scope. Secondly, commercial subjects must take profit-making activities as their business content. That is to say, as a commercial subject, we must engage in specific commercial behaviors, and we must continue to engage in this commercial behavior, and take this commercial behavior as the main body of its commercial content. Third, the special rights and abilities of commercial subjects must be obtained through commercial registration. Legally speaking, the qualification of commercial subject comes from the commercial registration system, so the legal fact that commercial registration is the founder of commercial subject not only determines the scope of commercial ability of commercial subject, but also lays the foundation for taxation and commercial management of commercial subject in commercial law. Based on this, the legal provisions of most countries require that the establishment of commercial subjects must first perform commercial registration procedures. According to China's current industrial and commercial registration laws and regulations, any individual or mass organization that wants to engage in profit-making business activities and set up an enterprise as a legal person, an individual partnership enterprise or a sole proprietorship enterprise must go through the registration formalities and obtain a business license; Organizations and individuals that have not fulfilled the registration procedures shall not engage in profit-making business activities. Finally, the commercial subject must be the party to the commercial legal relationship and the actual undertaker of the rights and obligations in the commercial law. In other words, as a commercial subject, it must be able to engage in commercial activities in its own name, enjoy rights and undertake obligations independently, and undertake property responsibilities with a specific range of assets. This feature not only distinguishes the commercial subject from the internal institutions or commercial assistants of commercial organizations without independent subject qualification, but also distinguishes the commercial partnership from the civil partnership without commercial name and independent subject qualification. The definition of commercial subject in commercial laws of different countries is different because of different legislative ideas, and there is no unified standard. 1) France. 1807 "French commercial code" is the first commercial code in the world, and the first article of this code clearly stipulates, ... >; & gt
Question 7: The difference between trade names and trademarks; Commercial Law Thinking and Commercial Trial
Keywords: commercial law; Commercial test; Commercial law consciousness
Abstract: After the implementation of large-scale civil trial mode in China, the civil and commercial trial which inherits the tradition of economic trial should have different characteristics from other civil trials. According to the characteristics that the second people's courts at all levels mainly try commercial disputes and apply more commercial law norms, the working characteristics of the second people's courts should be clearly defined as commercial trials. The characteristics and principles of commercial law require the introduction of commercial law concepts and the establishment of commercial law consciousness in the trial, such as attaching importance to the qualification examination of commercial subjects, maintaining the stability of enterprises, safeguarding the freedom of commercial contracts, attaching importance to the profit-making characteristics of commercial subjects and commercial behaviors, and attaching importance to technical norms to ensure simple, fast and safe transactions. The characteristics and principles of commercial law also point out the direction for how to further expand the trial field and strengthen judicial guidance in civil and commercial trials.
Since the Supreme Court decided to implement the pattern of civil trial in China in 2000, the trial work of the Second People's Court has been adhering to the tradition of economic trial [1] and continues to play an important role in the establishment of China's socialist market economic system. However, it goes without saying that the pattern of civil trial blurs the trial characteristics of the people's court of second instance, and its social influence is obviously weakened compared with the "economic trial era". In 2002, the number of civil and commercial cases and judges decreased by more than 30% compared with 1999 respectively. The convening of the Third Plenary Session of the 16th CPC Central Committee marks the beginning of a new historical journey to improve the socialist market economic system in China's reform, opening up and socialist construction. Civil and commercial trial is a trial field that is most closely related to economic reform and development. The Decision of the Central Committee on Several Issues Concerning the Reform of the Socialist Market Economic System puts forward many important theoretical propositions, important theoretical viewpoints and major policy measures, which puts forward new requirements for civil and commercial trial work and provides opportunities for its development. The author intends to put forward some thoughts on how to practice innovation and promote the development of civil and commercial trial work by analyzing the characteristics of civil and commercial trial work and the new situation it faces.
First, positioning commercial experiments.
After the implementation of the civil trial pattern, we have realized the unification of the civil litigation system in judicial practice, but we have no reason and can't deny the objective differences in the characteristics of the cases tried and the application of substantive law. How to embody the characteristics of work in the pattern of civil trials is the key to the development of civil and commercial trials. Only by clarifying the characteristics of the work can we correctly position the work of the Second Hospital and firmly grasp the development direction. In my opinion, according to the characteristics and applicable laws of the people's court of second instance, we should clearly raise the banner of commercial trial and position the working characteristics of the people's court of second instance as commercial trial.
First of all, the Second People's Court is a trial court that mainly tries commercial disputes. According to the jurisdiction of the Supreme People's Court, the obvious difference between the types of cases tried by the People's Second Hospital and the People's First Hospital and the People's Third Hospital is that the People's Second Hospital mainly tries company, insurance, securities, futures, bills, bankruptcy, guarantee disputes and contract disputes between enterprises. The legal relations involved in these disputes are all within the scope of traditional commercial law adjustment and can be collectively referred to as commercial disputes [2]. Commercial disputes are disputes between commodity producers and operators with equal subjects in the process of commercial behavior for profit. The inherent pursuit of businessmen and the inherent personality of commercial behavior determine that commercial disputes have the following characteristics different from general civil disputes: First, from the main point of view, commercial disputes are disputes between businessmen. Having the qualification of civil subject is the premise of becoming a commercial subject, but not all civil subjects can become commercial subjects. Only a civil subject who has legal conditions, is allowed to engage in commercial activities by law, and has gone through relevant approval and registration procedures can become a commercial subject. In China, there are three types: commercial individuals, commercial jurists and commercial partnerships. Secondly, judging from the types of disputes, they are mainly disputes in the process of commercial activities and disputes arising from the establishment, change and termination of commercial subjects. Business behavior has two characteristics: profit-making and business. That is, business behavior is a profit-making behavior, and the actor's profit-making economic activities are his own business. Third, it is different from ordinary civil disputes in the applicable law of dispute settlement. In handling commercial disputes, the application of commercial law takes precedence over civil law. If there is no commercial law, the relevant provisions of civil law shall apply. In recent years, the proportion of insurance, securities, bills, futures, enterprise restructuring, bankruptcy, company litigation and other cases in civil and commercial cases has greatly increased. These cases are strong in policy, difficult to apply the law and difficult to hear. Positioning the work of the Second People's Court in commercial trials will help us to carefully analyze the characteristics of commercial disputes. & gt
Question 8: What is the shop name, trade name and enterprise name? Shenyang Ark Intellectual Property Agency Co., Ltd. will answer your question: The name of an enterprise is a symbol to distinguish different market entities, which is composed of administrative divisions, trade names (or trade names), industry or business characteristics, organizational forms and other elements, among which trade names are the main symbol to distinguish different enterprises. It can be seen that the store name (trade name) is a part of the enterprise name, and it is the most prominent and easily recognizable part of the enterprise name. Brand name (trade name) can best reflect the unique characteristics of commercial subjects, and it is a sign that can show the most fundamental differences between different commodity producers and operators in the same industry, while enterprise name is a comprehensive expression of the business premises, trade name, industry, property liability form and organizational form characteristics of commercial subjects, and can reflect various differences between different commodity producers and operators.
Question 9: How to fill in the application form for removing the business exception list of commercial entities? Because I forgot to submit the annual report, I hereby apply for deleting the business exception list and supplementing the publicity. The signature of the legal person is consistent with the signature reserved by the industrial and commercial department.
Question 10: how to fill in the application form for commercial entities to move out of the business exception list? 1. Enter Xiechuang (formerly industrial and commercial registration, China).
Second, after entering, choose the city or province site where your enterprise belongs.
Third, enter the annual report system of industrial and commercial enterprises.
4. Guidelines for entering and leaving the business exception list.
Verb (short for verb) Check the reasons for the listed exceptions. There are four types of exceptions, choose the corresponding one.
6. The overdue report is overdue for the annual report of the current year, and the abnormal reasons such as abnormal address are as mentioned above.
Seven, download the "application form for enterprises to move out of the business exception list".
Eight, bring the "application form for the abnormal list of enterprises moving out of business" and the proof materials of the abnormal list of enterprises moving out of business. What proof materials are needed? As explained above, different abnormal reasons require different materials.
9. Bring the above information to the lobby of the industrial and commercial bureau to which the enterprise belongs to submit an application. Pending review.
Ten, the industrial and commercial bureau shall make a decision to move out within 5 working days after receiving the information, and restore the normal filing status. . If it is accepted, it shall conduct verification within 20 working days and inform the applicant in writing of the verification results; If it is not accepted, it shall inform the applicant in writing of the reasons for not accepting it.
Which four situations will be included in the business exception list:
1. The enterprise fails to publicize the annual report information within the prescribed time limit; Included in the business exception list.
2. The enterprise fails to publicize relevant enterprise information within the time limit ordered by the industrial and commercial department; Included in the business exception list.
Three, the enterprise publicity information to conceal the real situation, resort to deceit; Included in the business exception list.
Four, through the place of registration or business premises can not contact the enterprise. Included in the business exception list.
What is the impact of being included in the business exception list?
Being listed in the list of business anomalies: future procurement, project bidding, transfer of state-owned land, awarding honorary titles, and restrictions or prohibitions according to law. Bank credit, contract signing, customs clearance, work certificates of foreign employees in enterprises, etc. , will be affected by the credit constraint mechanism.
It is suggested that enterprises that have been listed in the business exception list should apply for removal from the exception list for four different reasons:
1. An enterprise that fails to submit its annual report as required may, after making up the annual report for the current year and publicizing it, apply to the industrial and commercial bureau to which the enterprise belongs for removal from the list of business anomalies, and the administrative department for industry and commerce shall make a removal decision within 5 working days from the date of accepting the application and restore the normal filing status.
Second, if an enterprise handles the change registration of its domicile or business premises according to law, or puts forward that it can get in touch again through the registered domicile or business premises and apply for restoring the normal filing status, the administrative department for industry and commerce of Xiechuang.com shall make a decision to move out within 5 days from the date of verification and restore the normal filing status.
3. If an enterprise fails to fulfill the obligation of instant information disclosure in accordance with the regulations and applies for restoring the normal filing status, it shall first fulfill the obligation of information disclosure, and the administrative department for industry and commerce shall make a decision to move out within 5 working days from the date of publicity and restore the normal filing status.
Four, public information to conceal the real situation, fraudulent enterprises to correct the public information, you can apply to the administrative department for Industry and commerce to delete the business exception list, the administrative department for Industry and commerce shall make a decision to delete within 5 working days from the date of verification.
According to the relevant provisions of the Interim Measures for the Administration of Business Exception List, if an enterprise has any objection to being included in the business exception list, it may submit a written application and submit relevant supporting materials to the administrative department for industry and commerce that made the decision within 30 days from the date of publicity, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. If it is accepted, it shall conduct verification within 20 working days and inform the applicant in writing of the verification results; If it is not accepted, it shall inform the applicant in writing of the reasons for not accepting it.