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Conditions for establishment.
A real estate development enterprise is an economic entity established in accordance with the law and has the status of an enterprise legal person. The Regulations on the Administration of Urban Real Estate Development and Operation, promulgated and implemented in 1998, have clear provisions on the establishment and management of real estate development enterprises.
The following conditions should be met for the establishment of a real estate card law enterprise:
1. Have a name and organizational structure that conforms to the registration of the company's legal person;
2. There is a fixed office space to meet the needs of real estate development and operation;
3. The registered capital is more than 1 million;
4. There are more than 4 full-time technical personnel majoring in real estate and construction engineering with qualification certificates, and more than 2 full-time accounting personnel with qualification certificates;
5. Other conditions stipulated by laws and regulations.
The people of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation of their respective localities, make higher provisions on the conditions for the establishment of registered capital and professional and technical personnel of real estate development enterprises.
Procedures for establishment.
A newly established real estate development enterprise shall, within 30 days from the date of obtaining the business license, file with the competent department of real estate development where the registration authority is located with the following documents:
1. A copy of the business license;
2. Articles of Association;
3. Capital verification certificate;
4. The qualification certificate and employment contract of the legal representative of the enterprise.
The competent department of real estate development shall, within 30 days after receiving the application for filing, issue the Provisional Qualification Certificate to the eligible enterprises. The Provisional Qualification Certificate is valid for 1 year. The competent department of real estate development may, depending on the business situation of the enterprise, extend the validity period of the Provisional Qualification Certificate, but the extension period shall not exceed 2 years.
If there is no development project within one year from the date of receipt of the Provisional Qualification Certificate, the validity period of the Provisional Qualification Certificate shall not be extended.
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What are the conditions that a real estate development company should have.
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There are four conditions for the establishment of a real estate company: 1. It has its own name and organizational structure; 2. There is a fixed service place of not less than 15 square meters; 3. The registered capital shall not be less than 300,000 yuan, and the registered capital shall not be less than 100,000 yuan if only engaged in consulting business; 4. There shall be no less than three persons with the corresponding professional qualification certificate of real estate intermediary services, among which those engaged in real estate brokerage business shall also hold the "People's Republic of China Real Estate Agent Qualification Certificate".
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A real estate development company should have the following conditions:1Have a name and organization that meet the requirements of the company's legal person registration; 2. There is a fixed office space to meet the needs of real estate development and operation; 3. The registered capital is more than 1 million yuan, and the working capital is not less than 1 million yuan; 4. Real estate with more than four professional certificates; 5.
Other conditions stipulated by laws and regulations.
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There are registered capital, professional title certificates, construction, economics, statistics, accounting, construction to four intermediate titles, economics at the primary level, statistics, accounting to intermediate titles, and others step by step.
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1. The registered capital shall not be less than RMB 2 million;
2. Have a fixed business premises and facilities suitable for carrying out business;
3. Have a labor dispatch management system that complies with laws and administrative regulations;
4. Other conditions stipulated by laws and administrative regulations.
How to register a company.
1. Take the name of the company and go through the name approval procedures at the local industrial and commercial bureau;
2. Open a capital verification account at the bank to verify the registered capital;
3. The capital verification report shall be issued by the capital verification unit;
4. Apply for the "Labor Dispatch License";
5. Prepare the resolution of the shareholders' meeting and draft the articles of association;
6. Apply for a business license.
[Legal basis].Article 16 of the Company Law of the People's Republic of China.
Where the people's court organizes liquidation, the liquidation group shall complete the liquidation within six months from the date of its establishment.
If the liquidation cannot be completed within six months due to special circumstances, the liquidation team shall apply to the people's court for an extension.
Article 17. If the liquidation team appointed by the people's court discovers that the company's assets are insufficient to pay off debts when it liquidates the company's property and compiles the balance sheet and property list, it may negotiate with the creditors to formulate a relevant debt repayment plan.
If the debt repayment plan is confirmed by all creditors and does not harm the interests of other interested parties, the people's court may rule to approve it on the basis of the application of the liquidation group. After the liquidation group repays its debts in accordance with the repayment plan, it shall apply to the people's court for a ruling to terminate the liquidation procedure.
If the creditor refuses to confirm the debt repayment plan or the people's court does not approve it, the liquidation group shall apply to the people's court for a declaration of bankruptcy in accordance with law.
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Real estate marketing planning ****, legal person and boss, do you understand? , Welcome to follow, like, next wonderful content recommendation, business handling, please send a private message or** What is the boss of the company? It is very much registered to the company!
The boss is the actual controller of the company, whether it is an investor or a shareholder of the company, and it is also the real meaning of the company's actual ownership So the legal person of the company is not equal to the boss! The two can be completely separated. So, why is the boss reluctant to become the legal representative of the company?
And what about legal persons? The legal representative of the company shall be proposed by the chairman, executive director and manager in accordance with the provisions of the company's articles of association, and shall be registered in accordance with the law The owner of the company can give the company a name, and the legal representative of the company can give a call to the company's operator, and the two can be merged or separated. First of all, the two need to withstand the differences:
Bosses or company owners are responsible for the companies they invest in. According to the Company Law of the People's Republic of China, the company is divided into a limited liability company and a joint venture **** A limited liability company refers to a company that is only responsible for the company's debts among the company's debts. Shares **** refers to the company's capital divided into equal shares, and all shareholders only bear the same responsibilities to the company as their own shareholders Therefore, the company's shareholders only need to bear the corresponding responsibilities according to the registered proportion, and do not need to bear other responsibilities.
However, the responsibility of the corporate person needs to be borne! Article 43 of the Civil Law of the People's Republic of China stipulates that the legal representative and other staff members of a legal person bear civil liability Civil liability means that if the company has any illegal laws and regulations, then the legal person needs to bear civil liability. where a violation or crime is constituted, criminal responsibility shall be borne.
It can be seen that the company's legal person is not very good, so the boss's reluctance to be a legal person is also the reason!
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Legal analysis: The conditions for the establishment of a real estate development enterprise include the name, organizational structure and domicile of the real estate development enterprise; Articles of Association; total share capital; shareholders who meet the quorum; and perfect company management system and other conditions.
Legal basis: Article 76 of the Company Law of the People's Republic of China The establishment of shares shall meet the following conditions: (1) the promoter meets the quorum; (2) The total amount of share capital subscribed by all the promoters in accordance with the provisions of the articles of association of the company or the total amount of paid-in share capital raised; (3) The issuance and preparation of shares comply with the provisions of the law; (4) The promoter formulates the articles of association of the company, and if it is established by means of fundraising, it shall be approved by the founding meeting; (5) Have a company name and establish an organizational structure that meets the requirements of the shares; (6) Have a company domicile.
Article 78 In the establishment of a shareholding company, there shall be more than two more than 200 promoters, and more than half of the promoters must have a domicile in China.
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There is no restriction on the legal representative of the company to apply for construction qualification, as long as you meet the requirements for applying for construction qualification. Technical personnel need to be determined according to the level of real estate development qualification you are applying for, and the number of personnel required for different levels is different, and the personnel who are generally needed are: accounting, building structure, economics, and technical leaders.
The process of applying for a business license:
1. Prepare 5-10 company names;
2. Determine the company's registered address, registered capital and business scope;
3. Go to the industrial and commercial bureau to verify the company's name;
4. Bring all documents and application materials to the Industrial and Commercial Bureau to apply for a business license;
5. Engrave the company seal at the engraving point of the public security bureau for the record;
6. Register with the tax department and open a basic account at the bank.
The materials that real estate development enterprises need to prepare to apply for the provisional qualification of real estate are:
1. Real estate development enterprise qualification declaration form;
2. The original and copy of the business license of the enterprise;
3. Articles of association and official seal of real estate development enterprises;
4. Enterprise identity authentication lock and enterprise social security lock for real estate development enterprises;
5. Capital verification report of registered capital of real estate development enterprises;
6. ID card, resume and one-inch ** identity certificate of the legal representative;
7. Shareholder identity certificate. If the shareholder of the enterprise is a natural person, the shareholder's ID card is required; If the shareholder is an enterprise, the original and copy of the business license need to be provided;
8. The social security certificate and social security receipt paid by the enterprise for the qualified personnel. Newly established real estate development enterprises only need to provide 1 month of social security certificate and receipt;
9. Proof of fixed office space and site of the enterprise, such as lease contract, copy of house ownership certificate, etc.
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Go to the window where the Market Supervision and Administration Bureau issues a business license.
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The registration conditions for a real estate development company are: a name and organization that meet the requirements of the company's legal person registration; There are fixed office buildings to meet the needs of real estate development and operation; The registered capital is more than 1 million yuan, and the working capital is not less than 1 million yuan; There are more than four full-time technical personnel and more than two full-time accounting personnel.
[Legal basis].Article 30 of the Real Estate Management Law of the City of the City of Missing Bridges.
A real estate development enterprise is an enterprise engaged in real estate development and operation for the purpose of making profits. The establishment of a real estate development enterprise shall meet the following conditions:
a) have their own name and organizational structure;
2) Have a fixed place of business; Volley.
3) Have a registered capital that meets the requirements of ***;
4) Sufficient professional and technical personnel;
5) Other conditions provided for by laws and administrative regulations.
To establish a real estate development enterprise, it shall apply to the administrative department for industry and commerce for establishment registration. If the Hongwang administrative department for industry and commerce meets the conditions stipulated in this law, it shall be registered and issued a business license; Those who do not meet the requirements of this Law are not to be registered. The establishment of a limited liability company, a stock company, engaged in real estate development and operation, shall also implement the relevant provisions of the Company Law.
Within one month after receiving the business license, the real estate development enterprise shall file with the department specified by the local people's ** at or above the county level where the registration authority is located.
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1. Have a registered capital of more than 1 million yuan;
2. There are more than 4 full-time technical personnel majoring in real estate and construction engineering who hold qualification certificates, and more than 2 full-time accounting personnel who hold qualification certificates and sell books. The people of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation of their own localities, make higher provisions on the conditions for the establishment of registered capital and professional and technical personnel of real estate development enterprises than those in the preceding paragraph;
3. Establishment of real estate development enterprises with foreign investment
1) In addition to complying with the above provisions, the relevant examination and approval formalities shall also be handled in accordance with the provisions of the laws and administrative regulations on foreign-invested enterprises. To establish a real estate development enterprise, it shall apply for registration with the people's administrative department for industry and commerce at or above the county level;
2) If the above conditions are met, the administrative department for industry and commerce shall register within 30 days from the date of receipt of the application, and if the conditions are not met, it shall explain the reasons. When examining the application for registration of a real estate development enterprise, the administrative department for industry and commerce shall listen to the opinions of the competent department for real estate development at the same level.
[Legal basis].Article 6 of the Company Law of the People's Republic of China.
To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
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