It is not necessary to apply for a business license to sell agricultural and sideline products and daily necessities at places and times designated by local people's governments at or above the county level, or to engage in convenient labor services without obtaining permission according to law by individuals using their own skills.

business license

a business license is a certificate issued by the administrative department for industry and commerce to industrial and commercial enterprises and individual operators to engage in a certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce. The registered items are: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. The business license is divided into original and duplicate, both of which have the same legal effect. The original shall be placed in a conspicuous position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred. Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, and they are not allowed to carve official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.

How to apply for a business license

Processing flow

Step 1: Approval of name registration process

Time: 1-3 working days

Operation: After determining the company type, name, registered capital, shareholders and contribution ratio, you can submit an application for name verification at the industrial and commercial bureau on-site or online.

result: the name was approved, but it needs to be re-approved if it failed.

Step 2: Submit the materials

Time: 5-15 working days

After the approval, confirm the address information, senior management information and business scope, and submit the pre-application online. After the online pre-trial is passed, go to the industrial and commercial bureau to submit the application materials according to the appointment time.

result: the notice of approval of establishment registration was received.

Step 3: Get the license

Time: On the day of appointment

Operation: Bring the notice of approval of establishment registration and the original ID card of the handler, and get the original and duplicate business license from the Industrial and Commercial Bureau.

result: obtaining the business license.

required materials

industrial and commercial registration needs to prepare the following matters:

1. Application for Company Establishment Registration signed by the legal representative of the company;

2. Articles of Association signed by all shareholders;

3. corporate shareholders's qualification certificate or natural person shareholder's identity card and its copy;

4. Copies of employment documents and ID cards of directors, supervisors and managers;

5. Certificate of appointed representative or entrusted agent;

6. Agent's ID card and its copy;

7. Certificate of residence use.

Note: The preparation of proof materials for the use of the residence can be divided into the following three situations:

(1) If you own real estate, you need a copy of the property ownership certificate and your own ID card;

(2) If renting a house, you need a copy of the real estate license signed by the landlord, a copy of the landlord's ID card, a lease contract signed and sealed by both parties, and a rent invoice;

(3) If you rent an office building under the name of a company, you need a copy of the real estate license stamped by the company, a copy of the business license of the company, a lease contract signed and sealed by both parties, and a rent invoice.

Follow-up matters

Note: After obtaining the business license, you can't start business immediately, but you must also handle the following matters:

1. Engraving the company seal

With the business license, you should go to the designated engraving point of the public security bureau to handle it: the official seal, financial seal, contract seal, legal representative seal and invoice seal; At this point, a company registration is completed.

2. Handling basic bank account

After the company is registered, it is necessary to open an account with basic bank account. The basic account is the main account of the company's capital exchange, and the daily fund collection and payment of business activities and the withdrawal of wages, bonuses and cash can be handled through this account. Each company can only open one basic account.

3. Bookkeeping and tax filing

After the company is registered, it is necessary to apply for tax registration first, and provide the information of an accountant (including name, ID number and contact number) when reporting. One month after the establishment of the company, the accountant is required to keep accounts every month and declare and pay taxes to the tax authorities. After the enterprise has prepared the information and reported to the specialized management office, the tax bureau will verify the types of taxes paid by the enterprise, the tax rate, the time for reporting taxes, and the tax administrators of the enterprise. Enterprises will declare and pay taxes according to the taxes approved by the tax authorities in the future.

4. After the company pays social security

is registered, it needs to open a social security account with the social security bureau under its jurisdiction within 3 days, handle the Social Security Registration Certificate and CA Certificate, and sign a tripartite agreement with social security and banks. After that, the related expenses of social security will be automatically deducted from the basic bank account when paying social security.

5. Apply for tax control and invoice

If an enterprise wants to invoice, it needs to apply for a tax controller, participate in tax control training, and verify the application for invoice. After completing the application, the enterprise can issue invoices by itself.

6. Annual report of the enterprise

According to the Provisional Regulations on Enterprise Information Publicity, an enterprise shall submit the annual report of the previous year from January 1 to June 3 every year, including the basic introduction of the company, major financial data and indicators, changes in share capital and shareholders' information, etc.

Note: The enterprises that need to make annual reports every year are mainland enterprises whose business licenses were registered before December 31st of the previous year.

according to the industrial and commercial administration, if an enterprise fails to publish its annual report within the prescribed time limit, the industrial and commercial authorities will put it in the business exception list and impose a fine. Enterprises that have not reported for more than three years will be included in the "blacklist" of serious illegal enterprises. After being included in the abnormal list, the enterprise will not be able to change, cancel or convert shares, and the public can check the abnormal situation of the company at any time when cooperating with foreign countries. At the same time, administrative restrictions are imposed on legal persons and senior executives.

Legal basis:

Article 6 of the Company Law of the People's Republic of China

To establish a company, it shall apply to the company registration authority for establishment registration according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.

if it is stipulated by laws and administrative regulations that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.

the public can apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.

article 7 a company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.

the company's business license shall specify the company's name, domicile, registered capital, business scope, legal representative's name and other matters.

in case of any change in the items recorded in the company's business license, the company shall register the change according to law, and the company registration authority shall issue a new business license.

article 8 a limited liability company established in accordance with this law must indicate the words limited liability company or limited company in its name.

a joint stock limited company established in accordance with this law must indicate the words joint stock limited company or joint stock company in its name.

Measures for Investigating Unlicensed and Unlicensed Business

Article 3 The following business activities do not belong to unlicensed and unlicensed business:

(1) selling agricultural and sideline products and daily necessities at places and times designated by local people's governments at or above the county level, or individuals using their own skills to engage in convenient labor activities without obtaining permission according to law;

(2) engaging in business activities that do not require permission or registration in accordance with laws, administrative regulations and the State Council decisions.

article 4 the local people's governments at or above the county level shall be responsible for organizing and coordinating the investigation and punishment of unlicensed business in their respective administrative areas, and establishing a working mechanism for the investigation and punishment of unlicensed business with division of responsibilities and coordination among relevant departments.

Article 5 Where an operator fails to obtain a license to engage in business activities according to law, it shall be investigated and dealt with by the department stipulated by laws, regulations and decisions of the State Council; Laws, regulations and the State Council decisions are not specified or unclear, and the departments determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall investigate and deal with them.

Article 6 Where an operator engages in business activities without obtaining a business license according to law, the department performing the duties of industrial and commercial administration (hereinafter referred to as the administrative department for industry and commerce) shall investigate and deal with it.