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 certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce.
The registered items include: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. Business licenses are divided into originals and duplicates, which have the same legal effect. The original shall be placed in a prominent position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred.
Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, engrave official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.
The new company law stipulates
On 28th, the 6th meeting of the 12th the National People's Congress Standing Committee (NPCSC) decided to amend the Company Law, which will take effect on March 20 14.
Note to registered companies: the paid-in system is changed to the subscription system.
Changing the paid-in system of registered capital into the subscription system of registered capital is the most prominent highlight of the newly revised company law. According to the newly revised Company Law, except for laws, administrative regulations and the State Council's decision on the paid-in registered capital of the company, the provisions that the shareholders (promoters) of the company should pay in full within two years from the date of establishment of the company and the investment company can pay in full within five years have been cancelled; The provision that shareholders of a one-person limited liability company should pay their capital contribution in full at one time was cancelled. Shareholders (promoters) of the company independently agree on the amount, mode and duration of capital contribution, and record them in the articles of association. This reform is conducive to individual entrepreneurship, promoting the establishment of China's credit system and promoting the transformation of resource allocation methods.
processing method
Treatment process
The first step is to approve the name.
Registration process
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 verification on-site or online at the Industrial and Commercial Bureau.
Results: The name was approved, but it needs to be re-approved if it failed.
The second step is to submit the information.
Time: 5- 15 working days
After approval, confirm the address information, senior management information and business scope, and submit the pre-application online. After the online pre-trial is passed, submit the application materials to the industrial and commercial bureau according to the appointment time.
Results: The notice of establishment registration was received.
The third step is to obtain the certificate.
Time: date of appointment
Operation: Bring the Notice of Approval of Establishment Registration and the original ID card of the manager to the Industrial and Commercial Bureau to obtain the original and duplicate of the business license.
Result: Get the business license.
Required materials
The following items need to be prepared for industrial and commercial registration:
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 qualification certificate or identity card of natural person shareholder and its copy;
4. Copies of appointment documents and ID cards of directors, supervisors and managers;
5. Certificate of designated representative or entrusted agent;
6. The agent's ID card and its copy;
7. Certificate of residence and use.
Note: The preparation of residential use certification materials can be divided into the following three situations:
(1) If it is your own property, you need a copy of the property ownership certificate and your own ID card;
(2) If renting a house, it is necessary to provide 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 in the name of the company, you need a copy of the real estate license sealed by the company, a copy of the company's business license, a lease contract signed and sealed by both parties, and a rent invoice.
Subsequent matters
Note: after obtaining the business license, you can't start business immediately, and you must also handle the following matters:
1, seal engraving and other matters
corporate seal
Go to the engraving point designated by the Public Security Bureau with the business license: official seal, financial seal, contract seal, legal representative seal and invoice seal of the company; At this point, a company registration is completed.
2. Handle basic bank accounts.
After the company is registered, it is necessary to open a basic bank account. Basic deposit account is the main account of the company's fund exchange, and the fund receipt and payment of daily business activities and the withdrawal of wages, bonuses and cash can be handled through this account. Each company can only open one basic deposit account.
3. Bookkeeping and tax returns
After completing the company registration, you need to apply for tax registration first, and you need to provide accounting information (including name, ID number and contact number) when registering. 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 submitted it to the professional tax office, the tax bureau will verify the taxes paid by the enterprise, the tax rate, the time of tax declaration and the tax administrator of the enterprise. Enterprises will declare and pay taxes in accordance with the taxes approved by the tax authorities in the future.
4. Pay social security
After the company is registered, it is required to open a company social security account with the social security bureau in its jurisdiction within 30 days, handle the social security registration certificate and CA certificate, and sign a tripartite agreement with the social security and the bank. After paying social security, the related expenses of social security will be automatically deducted from the basic bank account.
5. Apply for tax control and invoices
Enterprises need to apply for tax control personnel, participate in tax control training, and verify the invoice application. 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 June 30th to 65,438+0th every year, including the company's basic information, major financial data and indicators, changes in share capital and shareholders' information.
Note: The enterprises that need to make annual reports every year are mainland enterprises registered before 65438+February 3 1 of the previous year.
The administrative department for industry and commerce said that if an enterprise fails to publish its annual report within the prescribed time limit, the industrial and commercial authorities will include it in the list of business anomalies 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 listed in the abnormal list, the enterprise will not be able to change, cancel or convert shares, and the public can inquire about 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 executives.