In practice, if a natural person wants to set up a company in partnership, it needs to meet the corresponding conditions before it can be registered with the industrial and commercial department. If there is no problem after examination by the industrial and commercial department, a business license will be issued. What are the requirements for registering a company?
1. What are the requirements for registration
According to Article 23 of the Company Law of the People's Republic of China.
1. Shareholders have reached a quorum. The number of shareholders of a limited liability company shall be less than fifty and more than two. One-person limited liability company or a wholly state-owned company can only have one shareholder.
2. The capital contribution subscribed by all shareholders in accordance with the Articles of Association. According to Article 26 of the Company Law, the capital contribution of a limited liability company is the capital contribution subscribed by all shareholders registered in the company registration authority. In addition to the minimum paid-in capital and registered capital stipulated by laws, administrative regulations and the State Council.
3. the articles of association of the company are jointly formulated by the shareholders. Generally speaking, it should have eight aspects stipulated in Article 25 of the Company Law.
4. Having a company name and establishing an organization that meets the requirements of a limited liability company. The organizational structure includes but is not limited to three boards of directors and one level, namely, the shareholders' meeting, directors, supervisors and managers.
5. Have a company residence. As a company, it must have a stable business place.
what are the requirements for registering a company?
II. Precautions for registration of new companies
After a company determines its name, it can first search in the credit network of industrial and commercial enterprises to see if it has been registered as someone else, thus improving the pass rate. Carefully register one-person limited liability company. Although the company is a limited liability company, it can be jointly and severally liable for the repayment of the company's debts. Even after the transfer of the company, if the original shareholders can't prove that the company's property was independent of their personal property before the transfer, the creditors have the right to ask the original shareholders to bear joint and several liability for repayment. The bigger the registered capital, the better. Please note that subscription does not mean non-payment! When the company liquidates, you must see the money. In addition, if the company encounters a debt dispute, which leads to litigation compensation, the court will recover the subscribed capital contribution for compensation. The amount of registered capital is too small. The registered capital is too small. If you open an account in a bank, the bank will not like you very much, and customers will doubt your ability.
in addition, when the investment funds are transferred from the personal card to the bank account of our company, please indicate "investment funds" to fully show that you have subscribed, otherwise it will be difficult to clearly state whether your funds will be personal loans or investment funds in the future. Address is an important issue for registered companies, which is directly related to the company's preferential tax policies and the application policies of ordinary taxpayers. The Company Law stipulates that a company must have a registered address and hold a legal and valid property right certificate.
if the registered place of the company is the same as the actual business place, and if there are different regulations in different regions, the local government departments should be consulted. Moreover, some local government departments prohibit the use of false addresses as the registered address of enterprises, and some places do not have such strict requirements. It is suggested that entrepreneurs should be clear about the specific contents of these requirements when registering a company, so as not to bring unnecessary trouble to themselves. The earlier the company is registered, the better. Due to the new third board or IPO, there are strict requirements for the establishment period of the company. After registering a company, trademark and patent applications can be initiated as soon as possible.
3. The process of registering a company (please note that this process varies from place to place)
1. Name verification: Get the Application Form for Pre-approval of Enterprise (Brand) from the Administration for Industry and Commerce and fill in the company name to be adopted. The Administration for Industry and Commerce will search the Intranet of the Administration for Industry and Commerce for duplicate names. If there is no duplicate name, you can use the name and issue the Notice of Pre-approval of Enterprise (Brand Name).
2. Rent a house: rent an office in a special office building. If you have your own factory or office, some places are not allowed to work in residential buildings.
3. Sign a lease contract: You should sign a lease contract with the landlord of the office you rent, and ask the landlord to provide a copy of the real estate license.
4. Stamp duty on the purchase of rented houses: purchase stamp duty from the tax bureau at the rate of one thousandth of the annual rent and post it on the front page of the lease contract.
5. After submitting the company's materials for examination and approval, you can get the business license: you can download the company's materials samples on the website of the Administration for Industry and Commerce and modify them. The last part of the Articles of Association shall be signed by all shareholders.
6. Stamping: Go to the place where the public security files are stamped on the street, which is usually the company stamp, financial stamp and legal person stamp.
7. Go to the tax bureau (open a tax account).
8. Opening a company account in a bank: You should tell the bank to open a company account with the articles of association, the capital verification notice issued by the Industrial and Commercial Bureau, the official seal of the legal representative, ID card, capital verification fund and blank inquiry letter.
9, the official operation.