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1. What is the business scope of the enterprise?
1. The business scope of the enterprise includes technology development, technical consulting, medical equipment, electronic equipment, wedding services, labor services, catering services, sales of food, knitted textiles, clothing, shoes and hats, daily necessities, etc. The scope of business that an enterprise may operate in accordance with the law shall be stipulated in the articles of association of each company.
2. Legal basis: Article 7 of the Company Law of the People's Republic of China.
Business License] For companies established in accordance with the law, a business license shall be issued by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company.
The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
Article 12. Scope of business] The company's business scope is stipulated by the articles of association and registered in accordance with the law. The company may amend its articles of association and change its business scope, but it shall go through the registration of the change.
The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
2. What are the common business disputes of the company?
Common corporate disputes are as follows:
1. Various contract issues. Whether it is a production, sales or service company, contract disputes are the most common and most important disputes. The reasons for contract disputes are different, some are defective in performance, such as product quality, performance time, method, etc., which do not conform to the provisions of the contract, some are because the contract terms are imperfect and not rigorous, and some are inappropriate contract terms and conditions that cause contract disputes, etc.;
2. Problems in the company's intellectual property rights. As far as the company is concerned, the intellectual property rights mainly refer to the maintenance of the company's rights and interests in trademarks, patents, names, etc., and the exercise of rights. In some cases, the above-mentioned rights and interests have been violated, and the most appropriate solution and remedy cannot be found;
3. Labor relations between the company and employees. Due to the special situation of China's labor market and the weak sense of the legal system of the Chinese people, some companies have not been very serious about the establishment of labor relations with employees for a long time, and during the existence of labor relations, contradictions have been covered up for various reasons. Once the labor relationship changes, some unnecessary disputes will arise.
And sometimes the company can protect its own rights and interests in accordance with the law but does not know how to protect it, and the other situation is that the interests of employees that are expressly inviolable by laws and regulations are obviously infringed by the company.
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Definition of business scope
The scope of business refers to the categories, varieties and service items of commodities that the state allows enterprise legal persons to produce and operate, reflecting the content and direction of production and operation of enterprise legal persons' business activities, and is the legal boundary of the scope of business activities of enterprise legal persons, and the core content of embodying the civil rights and behavioral capacity of enterprise legal persons.
The General Principles of the Civil Law stipulate that "an enterprise legal person shall engage in business within the scope of business approved and registered. This legally stipulates the scope of business activities of enterprise legal persons. Once the business scope is approved and registered, the enterprise has the right and ability within this scope, and the enterprise also undertakes the obligation not to exceed the scope of operation, once exceeded, not only is not protected by law, but also subject to punishment.
The approved business scope of an enterprise is the legal boundary that distinguishes between the legal and illegal operations of an enterprise.
Classification of business scope
The business scope is divided into licensed business projects and general business projects, among which, licensed business projects refer to the projects that should be reported to the relevant departments for approval by enterprises in accordance with laws, administrative regulations and decisions before applying for registration; General business projects refer to projects that do not require approval and can be applied for by enterprises independently.
Determination of business scope
Therefore, the company needs to determine the scope of business, mainly considering the following factors:
1. Investors need to know where the company's funds are invested, that is, the boundaries of the projects and risks that the funds are invested in;
2. The general definition of the company's rights and capacity for conduct in operation;
3. The directors, supervisors and managers of the company can understand the areas within their authority;
4. Establish and maintain a certain management order and business order to prevent disorder.
The company needs to have a certain business scope, which is not determined or designated by the administrative department, but by the company itself, which is in line with the basic requirements of the socialist market economy. The company is a legal person and enjoys operational autonomy in accordance with the law, and has the right to decide independently in which areas to engage in business activities, and this is stipulated in the articles of association. Of course, the company's independent decision on the scope of business must be legal, and those that are not allowed by law shall not be operated, and the business projects that are restricted by laws and administrative regulations shall be approved in accordance with the law.
Business scope reference:
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The company's business scope is divided into general operation and licensed operation (pre-license, post-license).
The general business scope refers to those that are allowed to operate directly, such as sales, design, etc.; Pre-licensing means that you must first apply for a license before you can apply for a business license; Post-licensing means that you can apply for a business license first, but you can only operate normally after applying for a license.
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Services Enterprise marketing planning, corporate image planning, enterprise investment ** information consulting, enterprise management consulting, human resources information consulting, human resources management services, talent information consulting services, career development consulting, talent intermediary, market research, business consulting, financial consulting, labor services, conference services, portable cultural and educational information consulting, health care consulting, exhibition services, architectural decoration engineering, environmental protection engineering, communication engineering, real estate development, interior decoration design, water and electricity installation, Installation and maintenance services of electrical appliances, freight **, freight ** services, logistics and warehousing, flower etiquette services, wedding services, art design, blind massage, data translation, craft gift design, clothing design, express delivery services, cleaning services, cleaning and dry cleaning, photography services, color expansion, greening maintenance, car decoration. Advertising design, production, publishing, **. 2. Science and technology: Computer field, computer technology consulting services, network technology, network technology, communication engineering, network engineering, electronic computer and electronic technology information, biology and medicine, new chemical materials, optical mechatronics, aerospace, marine and modern transportation equipment, energy and environmental protection, civil nuclear energy technology, and high-tech applications in traditional industries.
3. Commerce and trade daily necessities, knitted textiles, clothing, shoes and hats, clothing and accessories, decorations, craft gifts and jade, jujube trembling toys, flowers and trees, health care supplies, stationery and sports supplies, computer software and hardware and accessories, packaging materials, office supplies, cultural and office supplies, paper products, paper, cosmetics, furniture, wood, decoration materials, building materials, chemical raw materials and products, printing machinery, sanitary ware, ceramic products, leather products, rubber and plastic products, automobile and motorcycle parts, compressors and accessories, refrigeration equipment, bearings, Pipe fittings, valves, metal materials, wires and cables, power tools, mechanical and electrical equipment, instrumentation, fitness equipment, photographic equipment, telecommunications equipment, communication equipment, audio equipment, audio equipment, electronic products, Wujinjiaodian, medical equipment, jewelry, automobiles, etc. 4. Food grain and oil products, quick-frozen small packaged food, dairy products, native products, northern and southern goods, candy and cakes, beverages, daily spices, flavorings, health foods, canned food, rice and flour products, vegetable oil, tea, aquatic products, agricultural and sideline products, food additives. 5. International** self-operated and ** import and export of all kinds of commodities and technologies, except for commodities and technologies that are restricted or prohibited from import and export by the state.
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The business scope of an enterprise refers to the scope and content of the business activities carried out by the enterprise in accordance with the law, covering the business and business projects that the enterprise can engage in. The specific business scope may vary from country to country, region and industry to industry, but the following are some common business scopes:
Wholesale and retail trade: including commodity wholesale, retail stores, supermarkets, ** and other commercial activities.
Manufacturing: involves the design, production and processing of various products, such as machinery manufacturing, food processing, textile manufacturing, electronic product manufacturing, etc.
Service industry: including catering services, entertainment and leisure, tourism, education and training, health care, legal consulting, IT technical services, logistics and transportation, etc.
Construction Engineering and Real Estate Development: Involving housing construction, civil engineering, real estate development, property management, etc.
Finance and investment: banking, insurance, financial advisory, investment management and other financial and investment services.
In addition, there are other industries and fields such as agriculture, forestry, animal husbandry and fishery, energy and resource development, environmental protection, public utilities, import and export.
It should be noted that enterprises need to comply with national laws, regulations and industry regulations in terms of business scope. When setting up an enterprise or adjusting its business scope, it is necessary to comply with the relevant legal procedures, and go through the relevant license and filing procedures in accordance with the law. For specific business scope and legal requirements, you can consult the relevant ** department or legal professional.
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