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1) The qualifications of the property management company The qualifications of the property management company are mainly for defining, inspecting and measuring the number of funds that such companies have or have, professionals, and the scale of the entrusted management of the property, which is a sign of the strength and scale of the enterprise. Due to the different development levels of property management in different regions, the specific qualifications are also different. The general qualifications mainly include:
1) The property management company owns or manages the property with a certain construction area, such as the construction area required by Shanghai Municipality must be more than 10,000 square meters. (2) A certain amount of registered capital, such as Guangzhou stipulates that the registered capital must be more than 100,000 yuan. (3) Have a company name and articles of association that meet the requirements.
4) Have a fixed office space and facilities. (5) There are necessary management institutions and personnel. (6) Have a business scope that conforms to national laws and regulations.
7) Be able to bear civil liability independently. (2) The application materials of the property management company Domestic enterprises (including state-owned, collective, and joint-stock cooperation) shall generally provide the following qualification information: (1) The report of the competent unit on the examination and approval of the business qualification of the property management company.
2) The feasibility report of the establishment of the property management company and the approval document of the superior competent unit. (3) Management charter. (4) Letter of appointment or letter of appointment of the company's legal representative.
5) Proof of capital verification. (6) Certificate of registration and business location. (7) Proof of owning or entrusting the management of the property.
8) Qualification certificate or certification document of management personnel with professional and technical titles. (9) Other relevant information. Foreign-invested enterprises (including Sino-foreign joint ventures, Sino-foreign cooperatives and wholly foreign-owned enterprises) are required to provide copies of joint venture or cooperative project protocols, contracts and other documents and relevant approval documents in addition to the relevant materials required for the application and approval of domestic enterprises; A wholly foreign-owned enterprise shall entrust an institution with the qualification of external consulting in Shanghai to handle the application for approval.
Except for the relevant information such as personal identification certificate and unemployment certificate, the other qualification information of private enterprises is basically the same. (3) Procedures for applying for the establishment of a property management company Under normal circumstances, after the property management company receives the qualification approval documents, it can only go through the registration procedures with the administrative authority for industry and commerce in accordance with the relevant regulations. Specific procedures include:
1) Prepare materials and documents in accordance with the above establishment conditions. (2) Submit an application to the local real estate authority. (3) Apply to the local Administration for Industry and Commerce for enterprise name registration, legal person registration and business registration.
4) Go to the tax department for tax registration, and go to the public security organ (or authorized unit) for official seal registration and engraving. After the above procedures are completed, the business can be opened. Due to the different situations in different places, there will be some small differences, even in Beijing, there may be differences between districts and counties, it is recommended to consult the registration hall of the local industrial and commercial administrative department.
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The establishment of Social Groups shall be upon review and consent by their professional supervisory units, and registration shall be conducted in accordance with the provisions of these Regulations.
Social groups shall meet the requirements for legal persons.
The establishment of a social group shall meet the following requirements:
1) There are more than 50 individual members or more than 30 corporate members; Where individual members and unit members are mixed, the total number of members shall not be less than 50;
2) Have a standardized name and corresponding organizational structure;
iii) Have a fixed domicile;
(iv) Full-time staff appropriate to their operational activities;
5) Have legal assets and funds**, national social groups have more than 100,000 yuan of activity funds, local social groups and cross-administrative social groups have more than 30,000 yuan of activity funds;
6) Have the ability to bear civil liability independently.
The names of social groups shall comply with the provisions of laws and regulations, and must not violate social morality and customs. The names of Social Groups shall be consistent with their scope of operations, distribution of members, and areas of activity, and accurately reflect their characteristics. Where the names of national social groups are titled with words such as "China", "Nationwide", or "Zhonghua", they shall be approved in accordance with relevant state provisions, and the names of local social groups must not be titled with the words "China", "National", "Zhonghua", or so forth.
To apply for preparation for the establishment of a Social Group, the founders shall submit the following documents to the registration management organs:
a) Preparation of the application;
2) Approval documents of the professional supervisory unit;
3) Capital verification report and certificate of right to use the premises;
4) The basic information and identity certificate of the initiator and the proposed responsible person;
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The nature of property management associations is as follows:
1. The property management association refers to the industry self-regulatory organization registered by the registration and management authority of social organizations, subordinate to the administrative department of the industry, and mainly composed of property management enterprises and relevant personnel voluntarily.
2. The business department in charge of the property management association is the Housing Authority, and the registration department is the Civil Affairs Bureau.
3. Property management is entrusted by the property owner, according to the property management entrustment contract, the property building and its equipment, municipal public facilities, greening, sanitation, transportation, public security and environmental appearance and other management projects to maintain, repair and remediate, and provide comprehensive paid services to the property owner and user.
4. Property management refers to the joint management of the common parts of all buildings and the common buildings, places and facilities in the building zoning, or the activities of entrusting property service enterprises and other managers to manage the buildings, facilities, equipment, places and sites shared by the owners.
[Legal basis].
Article 2 of the Property Management Regulations, the term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area. Fifth construction administrative departments are responsible for the supervision and management of national property management activities.
The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas. Article 17 The management statute shall stipulate in accordance with the law on matters such as the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners shall perform, and the responsibilities that should be borne in violation of the management statute.
Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.
The Management Agreement is binding on all owners. Article 55: When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall promptly repair and maintain it, and the relevant owners shall cooperate.
If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.
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Legal Analysis: There are three situations in which a property management committee can be formed.
Specifically, first, the exclusive part that has been delivered to the owner is less than 50% of the total area of the building; Second, it has the conditions for the establishment of the owners' meeting, but it cannot be established after the guidance of the street office where the property is located and the people of the township spring banquet town; Third, after the establishment of the owners' meeting, the owners' committee could not be elected.
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;
4) Participate in the meeting of the general meeting of owners and exercise the right to vote for slag;
5) To elect the members of the owners' committee and enjoy the right to be elected; Peaceful.
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises;
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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The conditions for the establishment of the PMC are as follows:
1. The exclusive part delivered to the owner is less than 50% of the total area of the building;
2. It has the conditions for the establishment of the owners' general meeting, but it cannot be established after the guidance of the sub-district office and the township people where the property is located;
3. After the establishment of the owners' meeting, the owners' committee could not be elected.
Responsibilities of the Property Management Committee:
1. Mobilize owners to widely carry out and participate in patriotic health campaigns, carry out activities to eliminate the four pests and prevent diseases, and purify, green and beautify the community with their own hands. Organize owners to do a good job in environmental sanitation in the community;
2. Vigorously carry out the activities of being a civilized citizen and building a green community, assist relevant departments to strengthen the maintenance and management of community green space, carry out mass green space adoption activities, improve the environmental protection awareness of community residents, and actively create green communities and green family activities;
3. Conscientiously publicize the laws, regulations and policies of national health work, timely reflect the health situation in residential areas to the people, and assist the health supervision department to do a good job in public health work;
4. Strengthen the supervision of property management enterprises. Actively coordinate the relationship between property management enterprises, property management committees and community residents, and report the situation to relevant departments in a timely manner;
5. Supervise the property to do a good job in community greening and sanitation and cleaning;
6. Assist the administrative law enforcement department to do a good job in environmental remediation and management of the community.
[Legal basis].: Article 6 of the Property Management Regulations.
The owner of the house is the owner. Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;
4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
5) Elect members of the Owners' Committee and have the right to be elected;
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises;
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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There are three situations in which a PMC can be formed.
First, the exclusive part that has been delivered to the owner is less than 50% of the total area of the building;
Second, it has the conditions for the establishment of an owners' meeting, but it cannot be established after the guidance of the sub-district office and the township people where the property is located;
Third, after the establishment of the owners' meeting, the owners' committee could not be elected.
What are the requirements for setting up a property management company.
1. Registered capital.
Although the state has abolished the minimum amount of registered capital requirements in the area of company registration, some special industries still have minimum registered capital requirements, and property companies are one of them. From the perspective of property qualifications, the registered capital of the newly registered property company should be at least 500,000 yuan, so as to meet the requirements.
2. Office space.
There are no special rules for office space, as long as there is an office space. Because the company's domicile needs to be recorded in the business license, then there must be a corresponding business premises. At the same time, it is necessary to prepare supporting documents, such as title deeds and rental contracts.
Three loose sails, main personnel.
There are no personnel requirements for the registration of property companies, but property companies need to apply for qualifications, and one of the conditions is all kinds of staffing. Staffing is not an easy task and should be prepared at an early stage. At least 10 property management professionals and full-time management and technical personnel in engineering, management, economics and other related professions should be prepared, and these personnel are also involved in the assessment of professional titles, while property management professionals should obtain the corresponding professional qualification certificates.
4. Other conditions.
1. Prepare a company name, in which the "industry characteristics" of the three parts of the name should contain the words "property management" or "property services";
2. Formulate resolutions of shareholders' meetings, articles of association and other documents in order to apply for business licenses;
3. Prepare enterprise management systems and standards, including service charges, in order to handle property qualifications.
Legal basis: Property Management Regulations Article 6 The owner of the house is the owner. Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;
4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
5) To elect the members of the owners' committee and enjoy the right to be elected;
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises;
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of the property and facilities and equipment used in the excavation (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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