1. Company name, trademark and domain name
There are many names for startup companies: the company name should be pleasant to hear, easy to remember and easy to spread; The company name should be consistent with the brand of products or services, which is convenient for brand building and promotion; The company name shall not infringe the intellectual property rights of third parties, such as trademarks and trade names.
We suggest that before determining the name of a startup company, it is best to conduct name and trademark inquiries by yourself or a professional organization to ensure that: (1) the name to be used by the company does not infringe the intellectual property rights of third parties' trademarks, trade names and so on; (2) The company name can also be applied for registration as a trademark of the company's products or services. In addition, whether a company can register or obtain a domain name corresponding to the company name is often a factor to be considered.
Remind entrepreneurs that once the company name is determined, they must apply for registration of trademarks and domain names corresponding to the company name as soon as possible to avoid the registration of related trademarks and domain names by third parties. Once the trademark and domain name the company wants are registered by a third party, the company has to spend money.
N times the price can be repurchased from a third party.
2. Registered address of the company
After signing the rental contract, it is required to use the same rental agreement of the industrial and commercial bureau, and the landlord is required to provide a copy of the real estate license and a copy of the landlord's identity certificate. The housing provider shall, according to the housing ownership, issue the following certification materials respectively:
1. If the housing provider has a real estate license, it shall attach a copy of the real estate license and affix the official seal of the property right unit or be signed by the property owner himself;
2. If there is no property right certificate, it shall be confirmed by the superior of the property right unit or the issuing unit of the property right certificate after explaining the situation in the column of "Need to prove"; Located in rural areas, the local government can re-sign in the column "Need to prove the situation", agree to engage in business within the scope of the location and affix its official seal;
3. If the property right is military real estate, submit a copy of the "Military Real Estate Leasing License" stamped with the special seal of China People's Liberation Army Real Estate Administration;
4. If the house is a newly purchased commercial house and the property right registration has not been handled, a copy of the purchase contract amount signed or sealed by the purchaser, a copy of the pre-sale permit of the house stamped with the official seal of the real estate developer, and a copy of the house completion acceptance certificate shall be submitted;
5. If the housing provider belongs to an enterprise with the right to lease management approved by the administrative department for industry and commerce, it can directly affix the official seal of the company in the column of "Certificate of Housing Provider", and a colleague will issue a copy of the business license affixed with the official seal of the enterprise, and no longer require the provision of the property right certificate;
6. If the domicile is changed into business premises, and it belongs to urban housing, it shall also submit the registration schedule-the registration form of domicile (business premises) and the documents and materials issued by the local (local) residents' committee (or owners' committee) that the interested owners agree to change the domicile into business premises; For non-urban housing, relevant supporting documents stipulated by the local government shall be submitted.
3. Registered capital
Before setting up a company, it is necessary to consider clearly how to set the registered capital of the company and prepare relevant funds for this purpose.
Under the current subscription registration system, the paid-in capital does not need to be registered. When the company is established, it no longer limits the proportion of shareholders' initial capital contribution, the proportion of shareholders' monetary capital contribution to the registered capital, and the time limit for shareholders to pay all their capital contributions is no longer stipulated. The specific paid-in time of registered capital shall be agreed by all shareholders in the Articles of Association. Therefore, when entrepreneurs set the amount of registered capital of a company, there are basically not too many restrictions.
Entrepreneurs need to be reminded that the setting of registered capital has to consider the particularity of the company's business itself, and some industries still have special requirements for the company's registered capital. For example, if the company needs it,
ICP license, then the paid-in registered capital of the company cannot be less than RMB 1 10,000 yuan, otherwise the requirements for applying for ICP license cannot be met.
4. Form of capital contribution
Another problem related to capital contribution requires entrepreneurs to consider and make relevant preparations before setting up a company. This is the form of capital contribution. The most common form of capital contribution is monetary capital contribution. If the entrepreneur only contributes money, the preparation work is relatively simple, and it is enough to raise "silver". When conditions are right, entrepreneurs can also use non-monetary assets such as intellectual property rights to contribute capital. At this time, the entrepreneur needs to ensure that the ownership of the intellectual property used for capital contribution belongs to the entrepreneur and can be transferred to the company without the burden of rights or defects. In addition, non-monetary assets such as intellectual property rights need to be evaluated when they are used for capital contribution, and entrepreneurs need to be prepared for this.
5. Industry qualification and license
Some industry companies need to obtain specific qualifications or licenses to engage in related businesses (for example, many Internet projects need ICP
License plate). Before setting up a company, entrepreneurs need to know what qualifications or licenses the company intends to engage in, the feasibility and difficulty of obtaining these qualifications and licenses, and what conditions the company or its shareholders need to meet to obtain such qualifications and licenses (such as application).
The ICP license requires the paid-in registered capital of the company to be no less than RMB 654.38+0 million), and make relevant preparations and arrangements accordingly.
6. Who will be the "registered shareholder"
When establishing a company, it is necessary to determine the "registered shareholder" of the company. If the registered shareholder of the company is the entrepreneur himself, there is no extra preparatory work. If, for some reason, the entrepreneur himself is not a registered shareholder of the company and needs to find someone else to hold the shares of the company as a registered shareholder, the entrepreneur needs to make the following preparations: (1) Select the holder; (2) Signing a consignment agreement with the shipper. In order to avoid or reduce the risk of equity holding, entrepreneurs need to have careful thinking and preparation in this respect, and can't be careless.
7. Founding Shareholders' Agreement
If there are two or more entrepreneurs who will become the founding shareholders of the company, it is best for each founding shareholder to sign a shareholders' agreement before setting up a startup company, which clearly stipulates the rights and interests (especially the mechanism for granting and returning the shares) and responsibilities of each founding shareholder in the company, as well as the company's governance institutions and management mechanisms. Avoid conflicts or conflicts of interest caused by unclear prior agreement in the process of starting a business, weaken the cohesion and combat effectiveness of the team, and even fall apart.