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Hold the application for pre-approval of the name of the branch signed by all the promoters, a copy of the company's "Business License for Enterprise Legal Person" with the official seal, a power of attorney and a copy of the client's ID card for name pre-approval; Then, the application for the establishment and registration of the branch signed by the chairman of the board of directors or the person in charge of the branch (with the official seal), the notice of pre-approval of the name, the power of attorney, the articles of association and the documents for the establishment of the branch, the resolution of the board of directors (signed by all directors) or the resolution of the shareholders' meeting, the certificate of use of the site (the housing lease contract, the copy of the property right certificate, the employment documents and identity certificate of the person in charge of the branch, and if the pre-approval is involved, the approval certificate shall be provided. (You can go directly to the local administrative service center for consultation, they generally provide a list of materials).
Apply for tax registration certificate with a copy of the "Tax Registration Certificate" of the company (head office), the "Business License" of the branch, the "Certificate of Enterprise Legal Person", and the bank account opening certificate.
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Legal Analysis: The First Step Approval Name:
Operation: After determining the company's type, name, registered capital, shareholders and capital contribution ratio, you can go to the industrial and commercial bureau to submit an application for name verification on-site or online.
Result: The name verification is passed, and the name verification needs to be re-verified if it fails.
Step 2 Submission of Materials:
Result: Receipt of a notice of approval for registration.
Step 3 Obtain a license:
Operation: Bring the notice of approval of establishment registration and the original ID card of the person handling it, and go to the industrial and commercial bureau to obtain the original and copy of the business license.
Result: Receive a business license.
Step 4 Engraving and other matters:
Operation: With the business license, go to the designated seal engraving point of the Public Security Bureau to handle: the company's official seal, financial seal, contract seal, legal representative seal, invoice seal; At this point, a company registration is completed.
Legal basis: Article 18 of the Regulations of the People's Republic of China on the Administration of Company Registration Article 18 To establish a limited liability company, the representative designated by all shareholders or the person jointly entrusted by the company shall apply to the company registration authority for pre-approval of the name; For the establishment of shares, the representative designated by all the promoters or the person jointly entrusted by the company shall apply for pre-approval of the name to the company registration authority. The following documents shall be submitted for the application for pre-approval of the name:
1) Application for pre-approval of the company name signed by all shareholders of the limited liability company or all the promoters of the shares; (2) Proof of the designation of representatives or co-entrusters by all shareholders or promoters; (3) Other documents required to be submitted by the State Administration for Industry and Commerce.
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All companies with legal personality can register a branch office. According to the relevant laws and regulations, the branch cannot be held liable independently, because it does not have legal personality and does not have an independent right to respect the slag of property. But the branch should obtain a business license.
1. Can a branch set up a legal person?
A branch office may not set up a legal person, and a branch of the head office is a branch, which does not have independent property rights, so it does not enjoy independent legal personality and cannot set up a legal person. China's "Company Law" stipulates that a company can set up a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license.
2. How to determine the validity of the contract signed by the branch.
Criteria for determining the validity of the contract signed by the branch: the contract signed by the branch is valid within its business scope and does not violate the mandatory provisions of the law, but the branch does not have the status of an enterprise legal person, and its civil liability is borne by the company.
Article 14 of the Company Law of the People's Republic of China stipulates that a company may establish a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.
A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.
3. Is it legal to set up a branch office?
The branch is only a branch and has no legal personality, so it can no longer be set up as a quiet potato branch.
Specifically, a branch refers to a branch that is under the jurisdiction of the head office in terms of business, capital, personnel, etc., and does not have legal personality. According to the Company Law of the People's Republic of China, a company may set up a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license.
A branch is a branch of the head office and has no legal or economic independence, and is only a subsidiary of the head office. The branch does not have its own name, articles of association, and its own property, and is legally responsible for the debts of the branch with the assets of the head office.
Article 115 of the Company Law.
The Company shall not provide loans to directors, supervisors and senior management directly or through its subsidiaries.
Article 14. A company can set up a branch office. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.
A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.
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Here's how you want to register a small company:
1. The company's registered capital subscription system, the registered amount is tens of thousands of yuan;
2. Select shareholders and determine the proportion of capital contribution, and there is no limit on the number of shareholders;
3. Determine the company's business scope;
4. Prepare the articles of association and shareholders' resolutions, and determine the legal representative, directors and supervisors.
5. Provide property right certificate or lease contract, determine the domicile of the enterprise, etc.;
6. Sakura shouts all the formalities to be registered with the Industrial and Commercial Bureau, and it can be completed within 15 working days.
Regulations of the People's Republic of China on the Administration of Company Registration
Article 9. The company's registered matters include:
a) Name;
2) Domicile;
3) Name of the legal representative;
4) Registered capital;
5) Company type;
6) Business scope;
7) Business period;
8) The name or title of the shareholder of the limited liability company or the promoter of the shares. Article 50.
To apply for the registration of a company or branch, the applicant can submit the application to the company registration authority, or submit the application by letter, telegram, telex, fax, electronic data interchange and e-mail.
To establish a limited liability company, the representative designated by all shareholders or the person jointly entrusted by the shareholders shall apply to the company registration authority for prior approval of the name; For the establishment of shares, the representative designated by all the promoters or the person jointly entrusted by the company shall apply for pre-approval of the name to the company registration authority.
The following documents shall be submitted for the application for pre-approval of the name:
1) Application for pre-approval of the company name signed by all shareholders of the limited liability company or all the promoters of the shares;
(2) Proof of the designation of representatives or co-entrusters by all shareholders or promoters;
(3) Other documents required to be submitted by the State Administration for Industry and Commerce.
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First of all, take the name, submit the ID card information, registered address, and business scope of each shareholder and supervisor, and you can register. Now that the company registration process is very simple, you can find a corporate service company, and most of the corporate service companies in Xi'an provide free company registration business.
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It is necessary to prepare, the company name, shareholders, legal person, supervisor information, address materials, registered capital, business scope to the company, Bizao go to the local government affairs center to do repentance and pretend.
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