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First, choose the form of operation:
Think about what to run and how to run it well, and then register. The minimum registered capital of self-employed is 30,000 yuan. If you are licensed to start a business in partnership with others, you can consider registering a limited liability company. The minimum registered capital is 100,000 yuan.
2. Steps for registration:
1.Name verification: Go to the industrial and commercial bureau to get a "enterprise (trade name) name pre-approval application form", fill in the company name you are going to take, and search whether there is a duplicate name by the industrial and commercial bureau on the Internet (intranet of the industrial and commercial bureau), if there is no duplicate name, you can use this name, and a "enterprise (trade name) name pre-approval notice" will be issued.
The handling fee for this step is 30 RMB. (30 yuan can help you search for 5 names, many names are repeated, so you don't need to try the common names, so as not to spend money in vain).
2.Renting an apartment: Go to a dedicated office building to rent an office, if you have your own factory or office, you can also do it, some places do not allow you to work in residential buildings. After renting a house, sign a rental contract and ask the landlord to provide a copy of the title deed.
3.Engrave a private seal: Go to the place where the seal is carved on the street and carve a private seal for them, and tell them to engrave the private seal of the legal person (square). The cost is about 20 yuan.
4.If you are registering a company, you need to go to an accounting firm to get a "bank inquiry letter": contact an accounting firm to get a "bank inquiry letter".
Take the shareholder payment slip issued by the bank, the inquiry letter stamped by the bank, as well as the articles of association, the notice of verification of the name, the rent contract, and the copy of the real estate certificate, and go to the accounting firm to handle the capital verification report. The general cost is about 500 yuan (less than 500,000 registered capital).
5.Registration and application for business license: go to the industrial and commercial bureau to obtain all kinds of ** for the establishment and registration of starting a business, including the application form for establishment registration, the list of shareholders (promoters), the registration form of legal representative, the registration form of designated representative or entrusted person, etc.
After filling it out, submit it to the Industrial and Commercial Bureau together with the notice of name verification, the articles of association and the capital verification report (if the company is applying), the rent contract, and the copy of the real estate certificate. It takes about 3 working days to receive the license. The cost is about 300 yuan.
6.Tax registration: Apply for a tax registration certificate at the local tax bureau within 30 days after receiving the license.
7. Bring the business license, tax registration certificate, legal person ID card, seal and other business opening materials to the bank to open a basic account.
8 If you are running a company, you need to hire an accountant.
After the above work, it is time to open the business.
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It's been said in detail upstairs.
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Legal analysisPrivate non-enterprise registration process: 1. Eligible applicants apply to the civil affairs department at the same level; 2. The civil affairs department conducts on-site investigations, verifications, and makes decisions; 3. The civil affairs department shall issue a "Registration Certificate" to applicants who meet the statutory requirements, and make a press announcement within a certain period of time.
To apply for registration of a private non-enterprise unit, the following conditions shall be met: 1. It shall be reviewed and approved by the professional supervisory unit; 2. Have a standardized name and necessary organizational structure; 3. There are employees who are suitable for their business activities; 4. Have legal property that is compatible with its business activities;
Legal basisArticle 6 of the Company Law of the People's Republic of China shall apply to the company registration authority for establishment registration 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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Legal analysis: 1. Eligible applicants submit applications to the civil affairs departments at the same level;
2. The civil affairs department conducts on-site investigations, verifications, and makes decisions;
3. The civil affairs department shall issue a "Registration Certificate" to applicants who meet the statutory requirements, and make a press announcement within a certain period of time.
Legal basis: Interim Regulations on the Registration and Administration of Private Non-enterprise Units
Article 8 To apply for registration of a private non-enterprise unit, the following conditions shall be met:
1) Upon review and consent by the professional supervisory unit;
2) Have a standardized name and necessary organizational structure;
3) Have employees who are suitable for their business activities;
4) Have lawful property that is compatible with their business activities;
5) There is a necessary place. The name of a private non-enterprise unit shall comply with the provisions of the civil affairs department, and shall not be titled with the words "China", "National", "China", etc.
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The registration process of private non-enterprise units is that the applicant submits the materials required for application and registration to the competent unit for review and consent, and submits an application for registration to the registration authority within 30 days to submit relevant information. The registration process of private non-enterprise units is that the applicant submits the materials required for application and registration to the competent unit for review and approval, and submits an application for registration to the registration authority within 30 days and submits the relevant information.
1. Registration process for private non-enterprise unitsRegistration process of private non-enterprise units:
1.The organizer or applicant shall submit all kinds of materials required for application and registration to its professional supervisory unit for review and approval;
2.Within 30 days after the review and approval of the professional supervisory unit, the professional supervisory unit shall apply for registration with the registration management authority, and if the registration management authority finds that the materials are complete in the preliminary examination, it shall issue the "Application Form for Registration of Private Non-enterprise Units", "Registration Form for the Legal Representative or Person in Charge of Private Non-enterprise Units", and "Filing Form for Internal Institutions of Private Non-enterprise Units";
3.After receiving the completed registration application form, the registration management authority shall issue a Notice of Acceptance of Private Non-enterprise Units, and make a decision to approve or refuse registration within 60 days, and notify the organizer or applicant in writing:
4.Where registration is approved after review, the registration management organs shall, in accordance with the different ways in which they bear civil liability in accordance with law, issue registration certificates to private non-enterprise units (legal persons) or (partnerships) or (individuals) respectively. I remind that private non-enterprise units can handle organizational structure and tax registration, engrave seals, open bank accounts, and carry out activities within the approved business scope in accordance with the relevant regulations with the registration certificate.
2. Do private non-enterprise units need to pay enterprise income tax?Need.
According to the Administrative Measures for the Collection and Collection of Enterprise Income Tax by Public Institutions, Social Organizations and Private Non-enterprise Units, the income of public institutions, social organizations and private non-enterprise units, except for the items exempted from enterprise income tax stipulated by the Ministry of Finance and the State Administration of Taxation, shall be included in the total taxable income and shall be subject to enterprise income tax in accordance with the law. The calculation formula is as follows: total taxable income, total income - the total income of the income items exempted from enterprise income tax, including the financial subsidy income of public institutions, social organizations and private non-enterprise units, the subsidy income of superiors, the business income, the operating income, the income handed over by the affiliated units and other income.
Unless otherwise specified, the income items in the above formula are exempt from enterprise income tax.
3. What type of private non-enterprise units belong to?Article 2 of the Interim Regulations on the Registration and Administration of Private Non-enterprise Units defines private non-enterprise units as social organizations engaged in non-profit social service activities established by enterprises, public institutions, social organizations and other social forces, as well as individual citizens using non-state-owned assets. Non-profit is a basic characteristic that distinguishes private non-enterprise units from enterprises.
There are two main points to distinguish between for-profit and non-profit:
1.Look at its aims and objectives.
2.It is distinguished from the financial management and property distribution system.
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The registration process for private non-enterprise units includes the following steps:
1. Name pre-approval: The applicant needs to submit an application for pre-approval of the name of the private non-enterprise unit to the local civil affairs department, and the follow-up application can be carried out after the approval is passed;
2. Preparation of articles of association: The applicant shall prepare the articles of association of the private non-enterprise unit, including the name, purpose, business scope, organizational structure, membership, finance, etc. The charter shall comply with relevant national laws and regulations;
3. Registration: The applicant shall submit an application for registration at the local civil affairs department, including the Application Form for the Establishment and Registration of Private Non-enterprise Units, the articles of association of the unit, the applicant's identity certificate and other materials. Applicants are also required to pay the corresponding registration fees;
4. Obtaining licenses: After passing the review, the applicant can obtain the "Registration Certificate of Legal Person of Private Non-enterprise Units" and "Organization Certificate" and other licenses at the local civil affairs department;
5. Open a bank account: Private non-enterprise units should open a basic bank account and go through tax registration with the tax department;
6. Other procedures: According to the need, private non-enterprise units also need to file or apply for licenses and other procedures with other relevant departments.
The registration of private non-enterprise units needs to meet the following conditions:
1. Have legal, stable and reliable funds, which can be subsidies, donations, member payments, etc.;
2. There must be clear social service goals and objectives, and the main purpose cannot be profit-making;
3. There must be a fixed place and facilities, which comply with laws and regulations, and have relevant supporting documents;
4. There must be a legal organizational structure and management system, including internal management institutions such as the board of directors and the board of supervisors, as well as rules and regulations;
5. There must be a legal name and logo, the name cannot be the same or similar to the name of the registered private non-enterprise unit, and the logo cannot be the same or similar to the registered trademark;
6. The legal representative and the main person in charge must meet the conditions stipulated by laws and regulations, and have corresponding professional knowledge and management experience;
7. There must be application materials that comply with the provisions of the law and law, such as the application form, the articles of association, the proof of funds, the certificate of premises and facilities, the identity certificate of the legal representative and the main person in charge, etc.
To sum up, different regions and different types of private non-enterprise units may have different requirements and restrictions, and the specific situation needs to be subject to the regulations of the relevant local authorities.
Legal basis
Article 5 of the Interim Regulations of the People's Republic of China on the Registration and Administration of Private Non-enterprise Units.
The civil affairs department and the local people's civil affairs department at or above the county level are the registration and management organs of private non-enterprise units (hereinafter referred to as the registration management organs) of the people's political administration at the same level. The relevant departments and the relevant departments of the local people's ** at or above the county level, or the organizations authorized by the local people's ** at or above the county level, are the professional supervisory units of private non-enterprise units within the relevant industries and business scopes (hereinafter referred to as professional supervisory units). Where laws and administrative regulations have other provisions on the supervision and management of private non-enterprise units, they shall be implemented in accordance with the provisions of the relevant laws and administrative regulations.
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