1. Check the company's finances. Check the company's finances, mainly by reviewing and consulting the company's financial accounting reports and other financial accounting materials.
2. supervise the performance of directors and senior managers and put forward suggestions for their removal.
3. require directors and senior managers to correct their behaviors that harm the interests of the company.
4. propose to convene and preside over the interim shareholders' meeting.
the supervisor shall bear the compensation, and the supervisor of the responsible company is the person who supervises the operation of the enterprise and is jointly and severally liable. An enterprise must have at least four positions, namely, legal person, manager, executive director and supervisor. The legal person exercises the company's administrative and legal affairs manager to carry out the normal operation and business operation of the company. The executive director is responsible for the implementation of enterprise affairs, and the supervisor supervises the normal and legal operation of the enterprise.
I. Definition
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 of Market Supervision.
its registered items are: name, address, person in charge, amount of funds, economic component, business scope, business mode, number of employees, business term, 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.
industrial and commercial enterprises or individual operators without business licenses are not allowed to start business, carve official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.
II. Processing flow
Step 1: Name approval
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 approval 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.
III. 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.
IV. Follow-up matters
Note: After receiving the business license, you can't start business immediately, but you must also handle the following matters:
1. Engraving and other matters
With the business license, you should go to the designated engraving point of the Public Security Bureau: 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 tax 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 149 of the company law of the people's Republic of China, where directors, supervisors and senior managers violate laws, administrative regulations or the articles of association when performing their duties, and thus cause losses to the company, they shall be liable for compensation.