General company registration process
1. Name verification: Go to the Industrial and Commercial Bureau to get an "Enterprise (trade name) name pre-approval application form" and fill in the name of the company you plan to get. , let the Industrial and Commercial Bureau go online (Intranet of the Industrial and Commercial Bureau) to search whether there is a duplicate name. If there is no duplicate name, you can use this name, and an "Enterprise (trade name) name pre-approval notice" will be issued.
2. Rent: rent an office in a specialized office building. After renting a house, you must sign a rental contract and file it with the Housing Authority.
3. Write "Articles of Association": The Articles of Association need to be signed by all shareholders.
4. Engrave a private seal: (all shareholders) go to the street where seals are carved to engrave a private seal and tell them to engrave a private seal (square) of the legal person.
5. Go to an accounting firm to get a "Bank Inquiry Letter": Contact an accounting firm and get a "Bank Inquiry Letter" (must be the original, stamped by the accounting firm).
6. Register a company:
Go to the Industrial and Commercial Bureau to obtain various forms for company establishment and registration, including establishment registration application form, list of shareholders (initiators), director and manager supervision, legal person Representative registration form, designated representative or authorized agent registration form. After completing the form, submit it to the Industrial and Commercial Bureau together with the verification notice, company articles of association, rent contract, copy of the real estate certificate, and capital verification report. The license can be collected in about 15 working days.
7. With your business license, go to the seal-engraving company designated by the Public Security Bureau to engrave the official seal and financial seal. In the following steps, you need to use the official seal or financial seal.
8. Apply for the organization code certificate of the enterprise: Go to the Technical Supervision Bureau with your business license to apply for the organization code certificate, which takes 3 working days.
9. Apply for tax registration:
After receiving the license, go to the local tax bureau to apply for a tax registration certificate within 30 days. Generally, companies need to apply for two types of tax registration certificates, namely national tax and local tax. When applying for a tax registration certificate, you generally must have an accountant, because one of the documents required by the tax bureau is the accounting qualification certificate and ID card. Of course, you can hire an accounting agency to do the accounting.
10. Go to the bank to open a basic account:
Go to the bank to open a basic account with the original business license, organization code certificate, national tax, and local tax.
11. Apply for purchase invoices: If your company sells goods, you should go to the national tax to apply for an invoice. If it is a service company, go to the local tax to apply for an invoice. What are the requirements for a company's registered address?
To register a company, you need to determine the company's address. After renting, you must sign a rental contract. Generally, the rental agreement must be in the same format as the Industrial and Commercial Bureau, and the landlord must provide a copy of the property certificate. , a copy of the landlord’s ID card. The housing provider should issue the following certificates based on the ownership of the house: Can a private house be registered as a company, can a residential house be registered as a company?
(1) If the housing provider has a real estate certificate, it should also attach a copy of the real estate certificate. The copy shall be stamped with the official seal of the property owner or signed by the property owner.
(2) If there is no property right certificate, the superior of the property rights unit or the real estate certificate issuance unit shall explain the situation in the "Need to prove circumstances" column and stamp it for confirmation; if it is located in rural areas, the local government can also confirm it in the "Need to prove circumstances" column; Need to prove the situation? Sign in the column to agree to engage in business in this location, and stamp it with the official seal.
(3) If the property rights are military real estate, a copy of the "Military Real Estate Leasing License" stamped with the special seal of the Real Estate Administration Bureau of the Chinese People's Liberation Army should be submitted.
(4) If the house is a newly purchased commercial house and the property rights have not been registered, a copy of the purchase contract signed by the purchaser or stamped by the purchaser and a copy of the purchase invoice, stamped by the real estate developer, should be submitted A copy of the official seal of the pre-sale house permit.
(5) The housing provider is an enterprise with the right to operate leasing operations approved by the industrial and commercial administration authorities. It can directly stamp the official seal in the "Housing Provider Certificate" column, and at the same time, it should issue a certificate with the official seal of the enterprise. A copy of the business license and a property ownership certificate are no longer required. The legal risk of inconsistency between the company's registered address and its actual business address
1. What is the company's registered place
The company's registered address is the company's domicile, and the company's main office location is its domicile.
How to determine a company’s address?
According to Chinese laws, a company’s domicile is the location of its main office. The location of the office is the location where the company conducts business activities and handles company affairs. For companies that reach a certain scale, the company often has multiple offices. Considering the above-mentioned significance of the company address, Chinese law clearly stipulates that there can only be one company address. Therefore, in the case of multiple offices, the company address should be based on The nature of the business handled by each office is different, and one of them is designated as the main office, so the company's domicile is the location of the office.
2. The main legal risks arising from the inconsistency between the company's registered place and its actual place of business are:
1. If detected by the industrial and commercial administration authorities, a fine of more than 10,000 yuan may be imposed. 10 A fine of less than 10,000 yuan.
2. Accept administrative penalties such as warning, registration within a time limit, ordering to suspend business for rectification, withholding of business license or even revocation of business license.
3. If the company is involved in litigation matters, the lawsuit filed against the company's legal person shall be under the jurisdiction of the court where the company is domiciled, and the court's documents will also be delivered to the domicile address. If it is not received because the company's business address has changed, The court document loses the opportunity to appear in court for defense, and may bear the risk of losing the case through a default judgment in court.
4. In terms of debt performance, if the place of performance of the debt is not clear and the currency is paid, it shall be performed at the location of the recipient, and other objects shall be performed at the location of the party performing the obligation. The above location shall be the domicile of the company. That is, the place of registration. If the place of registration and the place of business are inconsistent, it may cause difficulties in debt performance.
Relevant laws: "Company Registration Management Regulations"
Article 73: When a company's registration matters are changed and the relevant change registration is not handled in accordance with the provisions of these regulations, the company shall register The authority shall order registration within a time limit; those who fail to register within the time limit shall be subject to a fine of not less than RMB 10,000 but not more than RMB 100,000.
"Implementation Rules of the Regulations on the Registration and Management of Enterprise Legal Persons"
Article 63 (2): Anyone who changes the main registration items without authorization and fails to register the change as required shall be given a warning and confiscated For illegal gains, a fine of not more than three times the amount of illegal gains shall be imposed, but the maximum shall not exceed 30,000 yuan. If there are no illegal gains, a fine of not more than 10,000 yuan shall be imposed, and a change of registration shall be made within a time limit; if the change is not completed within the time limit, the person shall be ordered to suspend business for rectification or a deduction shall be made. Pay the business license; if the circumstances are serious, the business license will be revoked.
Company registration