A person has several companies. Wholly-owned enterprises, individuals and limited companies (revised part of the Company Law in 2006)
First answer the personal handling process, time, expenses and precautions:
The concept of individual industrial and commercial households
Individual industrial and commercial households refer to market operators whose means of production are owned by individual workers, based on their own personal labor, and whose labor results are occupied and dominated by individual workers.
Time limit for accepting audit
When applying for the establishment, change and cancellation of registration of individual industrial and commercial households, if the materials are complete and conform to the statutory form, the Beijing Entrepreneurial Integrity Registration Agency will make a registration decision on the spot and issue a business license or other registration certificate within 5 working days. (If the applicant applies for an administrative license in a non-fixed form, the time limit for acceptance and review shall be implemented in accordance with the Provisions on Enterprise Registration Procedures of the State Administration for Industry and Commerce).
Registration consulting mode
If you want to get advice about registration, you can call the hotline of Beijing Business Integrity Registration Agency "5 1653200" and log on to the website of Beijing Administration for Industry and Commerce (www. OKCHN.NET), after reading the one-time notice or go directly to the consultation window of the Beijing Entrepreneurial Integrity Registration Agency.
Registered jurisdiction
The registration jurisdiction of individual industrial and commercial households is determined by Beijing Entrepreneurial Integrity Registration Agency according to the actual situation, which can be directly registered by Beijing Entrepreneurial Integrity Registration Agency or registered by Beijing Entrepreneurial Integrity Registration Agency. County sub-branches are responsible for the registration of individual industrial and commercial households, and Beijing Entrepreneurial Integrity Registration Office is responsible for the initial registration.
charging standards
1, the establishment registration fee is 20 yuan; ?
2. Change the registration fee 10 yuan; ?
3. The original license replacement fee 10 yuan, and the copying fee is 3 yuan; ?
4, a copy of the license fee 3 yuan per copy; ?
5. Registration fee for renewal of the certificate is 20 yuan. ?
6, individual industrial and commercial households for registration, no registration fee, but involves the printing of a new business license, a copy of the license fee, each 3 yuan.
Special attention is drawn to:
Laid-off workers who apply for individual industrial and commercial households may be exempted from the registration fee if they submit a copy of the Re-employment Concession Card or a certificate issued by the county labor and social security bureau.
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. After consulting, receive and fill in the Application for Pre-approval (Change) of Name, and prepare relevant materials at the same time; China citizens who are permanent residents of Hongkong and Macao shall submit their identity documents and identification 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; ?
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 (refer to the Catalogue of Beijing Enterprise Registration Licensing Projects printed by Beijing Administration for Industry and Commerce for specific projects), go through relevant examination and approval procedures; ?
Step 2: Submit the application materials, which are complete and conform to the legal form, and wait for the Decision on Granting Administrative License;
Step 3: After receiving the decision to grant administrative license, pay the fee at the Industrial and Commercial Bureau according to the date specified in the decision to grant administrative license, 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 please go to the county branch for registration.
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.
For pre-approval and registration of names, please refer to how to pre-register names.
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 for industrial and commercial registration of individual industrial and commercial households (including application 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 Hongkong and Macao.
Industrial and commercial households should fill in the Application for Registration of Individual Industrial and Commercial Households (Hong Kong and Macao Residents);
2. Pre-registration materials such as "Application for Pre-approval of Name (Change)" and "Notice of Pre-approval of Enterprise Name" (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; A letter of commitment shall be submitted to the project after the license is involved; ?
The following answers the registration procedure of a sole proprietorship company:
The concept of sole proprietorship enterprise
A sole proprietorship enterprise refers to an enterprise legal person established in China in accordance with the Law on Sole proprietorship Enterprises. It is invested by a natural person, and its property belongs to the investor, who assumes unlimited liability for the debts of the enterprise with his personal property. ?
Conditions for a sole proprietorship enterprise:
1. The investor is a natural person; Persons who are prohibited by laws and regulations from engaging in profit-making activities shall not be investors of a sole proprietorship enterprise; ?
2. It has a legal enterprise name, and the words "limited", "limited liability" and "company" shall not be used in the name; ?
3. The amount of investment declared by the investor; ?
4. Have a fixed production and business operation place and necessary production and business operation conditions.
The concept of partnership enterprise
A partnership enterprise refers to a for-profit organization established in China according to the Partnership Enterprise Law of People's Republic of China (PRC), in which all partners enter into a partnership agreement, * * * jointly contribute capital, operate in partnership, * * * enjoy benefits, * * * bear risks, and bear unlimited joint and several liabilities for the debts of the partnership enterprise. ?
Conditions for a partnership:
1. Partners shall be two or more natural persons with full civil capacity; People who are prohibited by laws and regulations from engaging in profit-making activities may not become partners; ?
2. There is a written partnership agreement; ?
3. There is the amount of capital contribution actually paid by each partner; ?
4. There is a partnership name, and the words "limited", "limited liability" and "company" shall not be used in the name; ?
5. Having business premises and necessary conditions for engaging in partnership operation. ?
Time limit for accepting audit
When applying for the registration of the establishment, alteration and cancellation of a sole proprietorship enterprise or partnership enterprise, if the materials are complete and conform to the statutory form, the Beijing Entrepreneurial Integrity Registration Agency will make a registration decision on the spot and issue a business license or other registration certificate within 5 working days. (If the applicant applies for an administrative license in a non-fixed form, the time limit for acceptance and review shall be implemented in accordance with the Provisions on Enterprise Registration Procedures of the State Administration for Industry and Commerce). Registration consulting mode
If you want to get advice about registration, you can call the hotline "5 1653200" of Beijing Entrepreneurial Integrity Registration Agency and log on to the website of Beijing Entrepreneurial Integrity Registration Agency (www. OKCHN.NET), after reading the one-time notice or go directly to the consultation window of the Beijing Entrepreneurial Integrity Registration Agency.
Registered jurisdiction
City Administration for Industry and Commerce registration jurisdiction:
1, a sole proprietorship enterprise with a capital contribution of more than 30 million yuan; ?
2. Partnership enterprises engaged in agency business in industrial and commercial registration; ?
3. Sole proprietorships and partnerships specializing in the brokerage business of used motor vehicles; ?
4. Institutions of the partnership engaged in capital verification, auditing and asset evaluation. ?
The registration jurisdiction of district and county industrial and commercial sub-bureaus:
1, a sole proprietorship enterprise or partnership enterprise outside the scope of acceptance by the Municipal Administration for Industry and Commerce shall be registered by the branch of the place where the enterprise is registered; ?
2. Branches of sole proprietorship enterprises and partnership enterprises. ?
charging standards
1. The registration fee for the establishment of a sole proprietorship enterprise, partnership enterprise and its branches is 300 yuan; ?
2, enterprise change registration fee 100 yuan; ?
3. Reissue the license fee of 50 yuan; ?
4. Fees per license 10 yuan. ?
Procedures for the registration and establishment of sole proprietorship enterprises and partnership enterprises
The establishment of a sole proprietorship enterprise or partnership enterprise generally goes through the following steps:
Step 1: After negotiation, collect and fill in the Application for Pre-approval (Change) of Name and the Letter of Appointment (Entrustment), and prepare relevant materials; ?
Step 2: Submit the name pre-approval (change) application and wait for the name approval result;
Step 3: Receive the Notice of Pre-approval of Enterprise Name and the Application for Registration of Enterprise Establishment; If the business scope involves pre-approval (for details, please refer to the Catalogue of Beijing Enterprise Registration Licensing Projects printed by Beijing Administration for Industry and Commerce), and go through the relevant approval procedures; ?
Step 4: Submit the application materials. If the materials are complete and conform to the statutory form, wait for the "Decision on Granting Administrative License"; Step 5: After receiving the Decision on Administrative License, pay the fee at the Industrial and Commercial Bureau according to the date specified in the Decision on Administrative License and obtain the business license. ?
Go through the pre-approval and registration of names,
Please refer to how to pre-register names. Documents and certificates to be submitted when applying for registration of a sole proprietorship enterprise.
(1) The documents and certificates to be submitted for the establishment registration of a sole proprietorship enterprise:
1. Application form for enterprise establishment registration (including application form for enterprise establishment registration, list of investors, registration form of person in charge, proof of enterprise residence, etc.). ); ?
2 name pre-approval (change) application, enterprise name pre-approval notice and other pre-registration materials; ?
3. Letter of appointment (entrustment) (if the investor handles it by himself, it is not necessary to submit the letter of appointment (entrustment));
4 enterprise secretary (contact) registration form; ?
5. If the business scope involves pre-licensed projects, the approval documents of relevant examination and approval departments shall be submitted; A letter of commitment shall be submitted if the project is involved after the license. ?
(2) The documents and certificates that a sole proprietorship enterprise shall submit for registration of change:
1. enterprise change (restructuring) registration application form (including enterprise change (restructuring) registration application form, investor list, responsible person registration form, enterprise residence certificate, etc.). ). Please fill in the corresponding contents according to different changes); ?
2. Letter of appointment (entrustment) (if the investor handles it by himself, it is not necessary to submit the letter of appointment (entrustment));
3. The original and photocopy of the business license of the sole proprietorship enterprise; ?
4. In case of any change in the following matters, the following documents and certificates need to be submitted:
Name change: Pre-registration materials for name change, such as Application for Pre-approval of Name (Change) and Notice for Pre-approval of Enterprise Name Change (for details, please refer to the one-off notice ①-How to pre-register the name change).
Investor change: transfer agreement or legal succession document. ?
Change of the investor's name or domicile: the corresponding documents proving the change of name or domicile.
Change the investment mode (there are two investment modes: personal property investment and family property investment): documents to change the investment mode. ?
Change of business scope: if the new business scope involves pre-licensing, the approval documents of relevant examination and approval departments shall be submitted; Where matters after licensing are involved, a letter of commitment shall be submitted.
Moving residence across registered jurisdictions:
Step 1: The applicant submits the change materials to the registration authority of the place of immigration, and the registration authority of the place of immigration will issue the Notice of Acceptance and the Notice of Enterprise Migration after accepting it; ?
Step 2, the enterprise submits the Notice of Enterprise Migration to the emigration registration authority, and the emigration registration authority issues the Notice of Enterprise Migration Approval to the emigration enterprise; The file management department of the emigration place sends the registered files to the file management department of the emigration place by registered mail; ?
Step 3: The registration authority at the place of immigration will notify the enterprise to obtain a new business license by telephone with the Notice of Acceptance and the Notice of Permission to Move Out (or go through verification procedures).
The following answers the registration procedure of limited company:
The concept of limited liability company
A limited liability company is an enterprise legal person established in accordance with the Company Law of People's Republic of China (PRC). Shareholders are liable to the company to the extent of their capital contribution, and the company is liable to its debts with all its property. ?
Conditions of a limited liability company
(1) The number of shareholders is 2 (including 2) to 50 (including 50); ?
Shareholder qualification certificate
If the shareholder is an enterprise, a copy of the business license stamped with the official seal of the enterprise shall be issued; If the shareholder is a public institution, a copy of the legal person certificate of the public institution stamped with the official seal of the institution shall be issued; If the shareholder is a social organization, a copy of the legal person registration certificate of the social organization stamped with the official seal of the unit shall be issued; If the shareholder is a natural person, a copy of his identity card or other legal identification certificate shall be issued; If the shareholder is a trade union, it shall submit the approval document for the capital contribution of the trade union at or above the county level. ?
Please note that the following units do not have investment qualifications or limited investment capacity.
1. An enterprise with an annual inspection of Grade B shall not set up branches or invest in the establishment of a limited liability company.
2. Market entities locked in the "Early Warning Information System" of Beijing Credit Information System are restricted in their investment qualification during the lock-up period. ?
Special attention is drawn to:
Please visit www.OKCHN.NET, the website of Beijing Entrepreneurial Credit Registration Agency, to inquire about the enterprise credit information system and obtain relevant credit information. ?
3. Social organizations sponsored by the party and government organs, judicial administrative departments and party and government organs in this Municipality shall not invest in the establishment of a limited liability company. ?
Institutions with administrative management and law enforcement supervision functions in the party and government organs of this Municipality, as well as logistical economic entities run by various departments of the party and government organs of this Municipality, may not invest in the establishment of limited liability companies. ?
4. Accounting firms, auditing firms, asset appraisal institutions and law firms shall not set up limited liability companies as investors in other industries. ?
5. The Foundation shall not invest in the establishment of a limited liability company. ?
6. When a foreign-invested enterprise becomes a shareholder of a domestic company, it shall be examined by the Beijing Administration for Industry and Commerce and obtain an investment qualification certificate. ?
7. Limited liability companies can only invest in legal person enterprises or set up branches. Branches are not allowed to invest abroad. ?
8. With the approval of the trade union at or above the county level, the trade union may invest to set up a company. ?
9. People who are prohibited by laws and regulations from engaging in profit-making activities shall not become shareholders of the company. ?
10. Domestic-funded enterprises (excluding investment-oriented enterprises) that pay their registered capital (funds) by installments shall not invest in establishing a limited liability company until their registered capital (funds) has been paid in full. ?
1 1. An enterprise registered with non-monetary capital contribution shall not invest abroad or set up branches without going through the formalities of property transfer. ?
(2) Shareholders' capital contribution reaches the minimum statutory capital. The minimum registered capital is: 654.38 million yuan for technology development, consulting and service companies; 300,000 yuan for companies mainly engaged in commercial retail; 500,000 yuan for companies mainly engaged in production and operation or commodity wholesale; If the minimum registered capital of a specific industry is higher than the above-mentioned limit, it shall be stipulated separately by laws and regulations;
If the registered capital of a company exceeds the minimum amount stipulated by laws and regulations, it can be paid in installments. In case of partial lump sum payment, it shall be paid within 1 year from the date of establishment of the company. If the excess part is paid in two installments, the first installment shall pay 50% of the unpaid part within six months from the date of establishment of the company, and the second installment shall be paid in full within three years from the date of establishment of the company. ?
Companies engaged in pre-licensing projects announced by the Beijing Municipal People's Government (for details, please refer to the Catalogue of Beijing Enterprise Registration Licensing Projects printed by Beijing Administration for Industry and Commerce) shall pay all the registered capital at the time of registration of establishment, and cannot pay in installments. ?
(3) Shareholders * * * agree to formulate the Articles of Association; ?
(4) Having a company name and establishing an organization meeting the requirements of the company. The name of a company shall comply with the relevant provisions on the administration of name registration, and the words "limited liability company" or "joint stock limited company" shall be marked in the name. The organizational structure of the company is the shareholders' meeting, the board of directors (executive director), the board of supervisors (supervisor) and the manager; ?
(5) Having a fixed place for production and business operation and necessary conditions for production and business operation. ?
When choosing a residence (business premises), we should pay attention to:
1. If you use the house in the house (including the house planned for commercial use) to carry out business activities, please go to the industrial and commercial bureau where the house is located to consult whether the house can be used as a house (business place). ?
2, engaged in the old motor vehicle brokerage business, its domicile (business premises) should be chosen in the motor vehicle trading market. ?
Please pay special attention to:
Qualifications of legal representative, directors, supervisors, managers and heads of branches.
Personnel locked into the "Early Warning Information System" of Beijing Credit Information System cannot serve as legal representatives, directors, supervisors, managers or heads of branches during the lock-up period. ?
Please visit www.OKCHN.NET, the website of Beijing Entrepreneurial Credit Registration Agency, to inquire about the enterprise credit information system and obtain relevant credit information.
Time limit for accepting audit
When applying for the registration of the establishment, alteration and cancellation of a limited liability company, the administrative department for industry and commerce shall make a registration decision on the spot and issue a business license or other registration certificate within 5 working days. (If the applicant applies for an administrative license in a non-fixed form, the time limit for acceptance and review shall be implemented in accordance with the Provisions on Enterprise Registration Procedures of the State Administration for Industry and Commerce).
How to register for consultation?
If you need to know the registration information, you can call the hotline "5 1653200" of Beijing Entrepreneurial Integrity Registration Agency and log on to the website of Beijing Entrepreneurial Integrity Registration Agency (www. OKCHN.NET), read the one-time notification form or go directly to the consultation window of the Beijing Entrepreneurial Integrity Registration Agency for consultation. ?
Registered jurisdiction
City Administration for Industry and Commerce registration jurisdiction:
(a) a limited liability company with a registered capital of more than 30 million yuan; (2) A wholly state-owned company. ?
(3) Professional asset appraisal companies, capital verification companies, auditing companies, pawn companies, credit guarantee companies for small and medium-sized enterprises, brokerage companies engaged in used motor vehicle brokerage business, entry-exit intermediary companies for personal reasons, overseas employment intermediary companies, talent intermediary service companies, credit investigation companies and trademark agency companies.
(4) Companies established in West Railway Station area, Capital Airport area, Tiananmen area, motor vehicle trading market, antique city market and Panjiayuan flea market. ?
The registration jurisdiction of district and county industrial and commercial sub-bureaus:
(1) A limited liability company outside the scope of acceptance by the Municipal Administration for Industry and Commerce shall be registered by the branch of the place where the enterprise is registered; ?
(2) branches of a limited liability company. ?
What is the charging standard?
(1) The charging standard of the company's establishment registration fee: 0.8 ‰ of the registered capital; If the registered capital exceeds 6,543,800,000 yuan, the excess will be charged at 0.4‰; If the registered capital exceeds 6,543.8 billion yuan, there will be no charge for the excess. Registration of establishment of branches
Take the registration fee, 300 yuan. ?
(2) Company (branch) change registration fee 100 yuan. ?
(3) The standard for the company to charge the change registration fee for increasing its registered capital: if the registered capital does not exceed 654.38+million yuan, the increased part will be charged at 0.8‰; If it exceeds 6,543,800 yuan, the excess will be charged at 0.4‰; If it exceeds 1 100 million yuan, the excess will not be charged. If the registered capital is increased and the registration fee is charged, the change registration fee is not charged. Minimum charge for capital increase 100 yuan. ?
(4) The replacement fee is 50 yuan. ?
(5) Fees for each license 10 yuan. ?
(6) The company (branch) does not charge the registration fee for filing and registration, but if it involves printing a new business license, it will charge the license copy fee, each 10 yuan. ?
Procedures for establishing a limited company
The establishment of a limited liability company generally goes through the following steps:
Step 1: After consultation, obtain and fill in the Application for Pre-approval (Change) of Name, and prepare relevant materials; ?
Step 2: Submit the name pre-approval (change) application and related materials, and wait for the name approval result; ?
Step 3: Get the Notice of Pre-approval of Enterprise Name and the Application for Registration of Enterprise Establishment and other related forms; If the business scope involves pre-licensing, the relevant examination and approval procedures shall be handled; Open a special account for capital contribution in the capital contribution bank confirmed by the Industrial and Commercial Bureau; Go through the formalities of capital contribution (if the capital contribution is made in a non-monetary way, it shall also go through the formalities of asset appraisal);
Step 4: Submit the application materials. If the materials are complete and conform to the statutory form, wait for the "Decision on Granting Administrative License"; Step 5: After receiving the Decision on Administrative License, pay the fee at the Industrial and Commercial Bureau according to the date specified in the Decision on Administrative License and obtain the business license. ?
Please refer to "One-time Notice ①-How to Pre-register Names" for name pre-registration. What documents and certificates are required to register a limited liability company?
(1) Documents and certificates to be submitted for the registration of the establishment of a limited liability company:
Except for the special circumstances mentioned in this notice, the capital verification report is no longer needed when applying for registration, but the capital contribution certificate issued by the bank is used as the proof of monetary capital contribution, and the evaluation report issued by the accounting firm or evaluation firm is used as the proof of non-monetary capital contribution.
1. Application form for enterprise establishment registration (including application form for enterprise establishment registration, list of investors, registration form of legal representative, certificates of directors, managers and supervisors, certificate of enterprise domicile, etc.). ); ?
2. Articles of Association (submitted in hard copy, please sign by all shareholders; Corporate shareholders, need to build the official seal of the legal entity); ?
3. If the capital contribution is made in currency, the second copy of the Enterprise Deposit Certificate shall be submitted; If the capital contribution is made in a non-monetary way, and installment payment cannot be adopted, an evaluation report of all non-monetary capital contributions shall be submitted (if the state-owned assets are evaluated, the confirmation document of the state-owned assets management department shall be submitted); ?
4 name pre-approval (change) application, enterprise name pre-approval notice and other pre-registration materials; ?
5. Shareholder qualification certificate; ?
6. Letter of appointment (power of attorney); ?
7 enterprise secretary (contact) registration form; ?
8. If the business scope involves pre-licensed projects, the approval documents of relevant examination and approval departments shall be submitted; A letter of commitment shall be submitted if the project is involved after the license. ?
In addition to the above-mentioned necessary documents, a printed register of shareholders and a register of directors, managers and supervisors shall also be submitted.