Regulations on the administration of industrial and commercial registration belonging to individual industrial and commercial households: enterprises with less than 7 employees (including 7 employees) can be registered as individual industrial and commercial households, whether they set up factories or shops. For example: small restaurants for three or five people, bicycle repair shops, small food retail stores, small processing factories, etc.
Because individual industrial and commercial households do not need to establish accounts (if registered as a company, they need to have detailed articles of association and establish accounts, otherwise they will be punished by the industrial and commercial and tax departments), which is convenient and fast. Therefore, in many coastal provinces, even medium-sized factories or hotels with 30 to 50 people are still individual industrial and commercial households and are unwilling to change into companies.
Of course, registering as an individual industrial and commercial household also has a disadvantage, that is, in case of loss, the owner will bear unlimited liability, that is, if he loses 2 million, even if his property is only 800,000, he will still bear 2 million debts. Limited company is different. If the company loses 2 million yuan, but all his assets add up to only 800,000 yuan, then he only needs to pay off this 800,000 yuan, and the remaining debts don't have to be paid (so the company has to set up accounts, and malicious withdrawals will be punished by industry and commerce).
Legal characteristics of individual industrial and commercial households Individual industrial and commercial households are the legal manifestations of individual industrial and commercial economy and have the following characteristics:
1. Individual industrial and commercial households are natural persons or families engaged in industrial and commercial operations. Natural persons who engage in industrial and commercial operations by individuals or families are all individual industrial and commercial households. According to the relevant policies of the law, those who can apply for individual industrial and commercial households are mainly unemployed young people in cities and towns, social idlers and rural villagers. In addition, cadres of state organs and employees of enterprises and institutions cannot apply to engage in individual industrial and commercial operations.
2. Natural persons engaged in individual industrial and commercial operations must be approved and registered according to law. The registration authority of individual industrial and commercial households is the administrative department for industry and commerce at or above the county level. Individual industrial and commercial households can only start business after being approved and registered and obtaining a business license. When individual industrial and commercial households change jobs, merge, change registered items or go out of business, they should also go through the registration procedures.
3. Individual industrial and commercial households can only engage in industries where laws and policies allow individual businesses.
Steps of establishing registration procedures for individual industrial and commercial households
The establishment of individual industrial and commercial households generally goes through the following steps:
Step 1: Individual contractors or vendors who need names should register their names in advance.
1. Receive and fill in the name pre-approval (change) application after consultation, and prepare relevant materials at the same time; China citizens who are permanent residents of Hongkong and Macao shall submit their identity documents and identity verification documents when setting up individual industrial and commercial households. Among them, Hong Kong residents should submit: (1) a copy of Hong Kong permanent identity card; (2) A Home Visit Permit for Hong Kong and Macao Compatriots or a Pass for Hong Kong and Macao Residents to and from the Mainland or a copy of the passports of People's Republic of China (PRC) and China Hong Kong Special Administrative Region; (3) Identity certificate (identity verification document) issued by a Hong Kong lawyer (a notary public entrusted by China) confirmed by China Legal Service (Hong Kong) Co., Ltd. approved by the Ministry of Justice. Macao residents should submit: (1) a copy of Macao permanent identity card or Macao identity card; (2) Copies of passports of People's Republic of China (PRC) and Macao Special Administrative Regions or identity certificates issued by the Identity Certification Bureau of the Macao Special Administrative Region Government.
2. Submit the name pre-approval (change) application and wait for the name approval result.
According to the regulation of, the name of individual industrial and commercial households should be composed of administrative division, shop name, industry and organizational form in turn, for example, administrative district (such as * * district)+trade name (such as * *)+industry nature (such as business services)+organizational form (such as center). The administrative divisions in the name refer to the names of counties (cities) and municipal districts where individual industrial and commercial households are located. After administrative division, the names of towns, streets, administrative villages, communities and markets where individual industrial and commercial households operate may be affixed. The name of the operator can be used as the font size in the name of individual industrial and commercial households. The industry in the name of individual industrial and commercial households shall reflect its main business activities or characteristics. The names of individual industrial and commercial households can be organized in the form of factory, store, museum, department, bank and center, but the words "enterprise", "company" and "farmers' professional cooperative" are not allowed. In the name of individual industrial and commercial households registered in Chengdu, there can no longer be the administrative division name of "Chengdu", but only the administrative division name of the district (city) county where it is located.
3. Receive the Notice of Pre-approval of Enterprise Name and the Application for Industrial and Commercial Registration of Individual Industrial and Commercial Households; If the business scope involves pre-licensing (see the Catalogue of Pre-licensing Projects for Enterprise Registration in Beijing printed by Beijing Administration for Industry and Commerce for specific projects), relevant examination and approval procedures shall be handled;
Step 2: Submit the application materials. The materials are complete and conform to the statutory form, waiting for the notice of approval of establishment registration;
Step 3: After receiving the Notice of Approval of Establishment Registration, pay the fee at the Industrial and Commercial Bureau according to the date specified in the Notice of Approval of Establishment Registration and obtain the business license.
note:
If China citizens who are permanent residents of Hongkong and Macao set up individual industrial and commercial households, please read the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households, the Detailed Rules for the Implementation of the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households, and the Provisions on the Registration Procedures of Individual Industrial and Commercial Households. Before applying for the registration of individual industrial and commercial households, please carefully read the Regulations on the Administration of Enterprise Name Registration and this notice form, and go through the registration formalities at the county branch.
China citizens who are permanent residents of Hongkong and Macao set up individual industrial and commercial households, and their business scope includes retail (excluding tobacco retail), catering, residential services and other services such as hairdressing and beauty services, bathing services, household appliances and other daily necessities repair, but does not include franchising. Its composition is limited to individual business, with no more than 8 employees and a business area of no more than 300 square meters.
Provide materials
Documents and certificates to be submitted when applying for registration of individual industrial and commercial households.
(a) the documents and certificates that should be submitted for the establishment registration of individual industrial and commercial households:
1. Application form for industrial and commercial registration of individual industrial and commercial households (including application form for industrial and commercial registration of individual industrial and commercial households, basic information of operators, proof of business premises, etc.). ). China citizens who are permanent residents of Hong Kong and Macao should fill in the Application Form for Registration of the Establishment of Individual Industrial and Commercial Households (Hong Kong and Macao Residents); For the registration of individual industrial and commercial households, foreigners shall also submit a copy of the temporary residence permit.
2. Notice of pre-approval of enterprise name and list of investors with pre-approved names (submitted by individual vendors without brand names);
3. If the business scope involves pre-licensed projects, the approval documents of relevant examination and approval departments shall be submitted.
(2) Documents and certificates to be submitted when applying for registration of individual industrial and commercial households:
1. Application for change (filing) registration and change (replacement) of business license of individual industrial and commercial households (including application form for change of individual industrial and commercial households, basic information form of operators, proof of business premises and other forms, please fill in the corresponding contents according to different changes);
2. Original and photocopy of the business license of individual industrial and commercial households;
3. To change the following items, the following documents and certificates are required:
Name change: notice of pre-approval of enterprise name change and list of investors with pre-approved names.
Change of business scope: if the new business scope involves pre-licensing, the approval documents of the relevant examination and approval departments shall be submitted.
Note: Individual industrial and commercial households registered in Zhongguancun Science Park should submit a letter of commitment if they apply for not approving business projects exclusively.
Note: Individual industrial and commercial households cannot change their business premises across districts and counties.
(three) individual industrial and commercial households to replace (supplement) the documents and certificates submitted:
1. Application for change (filing) registration and change (replacement) of business license of individual industrial and commercial households.
2. Original and duplicate of business license;
3. To apply for the replacement of the lost business license, a sample of the statement on the loss of the license published in a newspaper publicly issued at or above the provincial level shall be submitted.
(four) individual industrial and commercial households shall submit the following documents and certificates for cancellation of registration:
1. Application for cancellation of registration of individual industrial and commercial households;
2. A statement that the creditor's rights and debts signed by the operator have been cleared, and the taxes and salaries of employees have been settled;