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Legal analysis: The commissary belongs to individual industrial and commercial households, and its usual business scope includes beer and beverages, daily necessities, fruits, and snacks. In the early 80s of the 20th century, with China's reform and opening up, the economic system and business system were gradually flexible, and the commodities on the market became increasingly rich.
The supply of department stores and supply and marketing cooperatives, which originally existed in a single form, was in short supply and could not meet the needs of the masses. As the market progressed, kiosks appeared in both urban and rural areas. The commissary is generally located in the community in the city and the prosperous area of the countryside, and is mainly engaged in daily necessities, with the characteristics of small operating costs, small scale, few types of commodities and wide distribution.
Legal basis: Company Law of the People's Republic of China
Article 6 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.
Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. 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.
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1. If you meet the conditions, go to the local district ** office hall to apply for registration;
2. Get a copy of the applicant's ID card in the ** office hall, the application form for pre-registration of the name of the individual industrial and commercial household, and the certificate of the business premises, and you need to go to the community to stamp it after filling it out;
3. Apply for a business license;
4. If you need to apply for a food business license, go to the corresponding street industrial and commercial office.
A business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format shall be uniformly prescribed by the State Administration for Industry and Commerce.
The registration items include the name, address, person in charge, amount of funds, etc., and shall not be forged, altered, leased, lent, or transferred. The business license is divided into original and copy, both of which have the same legal effect.
The materials required for self-employed individuals to apply for a business license are as follows:
1. Original and one copy of ID card;
2. A copy of the store's site certification document, real estate certificate or land certificate, and the original and copy of the lease contract;
3. A photo of the ID card;
4. If there are business items in the business scope that belong to the pre-registration administrative license, a copy of the relevant license and approval document with a seal shall be submitted.
The process of applying for a business license for individual industrial and commercial households is as follows:
1. Apply for pre-registration of the name of individual industrial and commercial households;
2. Apply for business registration of individual industrial and commercial households;
3. Apply for the organization certificate;
4. an engraved seal; 5. Apply for national tax registration certificate;
6. Apply for local tax registration certificate;
7. Set up a basic account.
The administration for industry and commerce stipulates that if an enterprise fails to publish its annual report within the prescribed time limit, the industrial and commercial authorities will include it in the list of abnormal business operations and impose a fine. Enterprises that have not reported their annual reports for more than three years will be included in the "blacklist" of enterprises with serious violations. After being included in the abnormal list, the enterprise will not be able to change, cancel or transfer shares, and the public can view the abnormal situation of the company at any time when cooperating with foreign countries.
At the same time, administrative restrictions are imposed on legal persons and executives.
Measures for the Administration of the Registration of Individually-owned Industrial and Commercial Households
Article 2 Citizens who have the ability to operate shall be registered with the administrative department for industry and commerce, obtain a business license for individual industrial and commercial households, and carry out business activities in accordance with law.
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The business license of the commissary is handled as follows:
1. Bring a copy of your ID card, real estate certificate, and rental contract to the local industrial and commercial department for pre-approval of the name;
2. Go to the health supervision department to apply for health certificates for store owners and employees;
3. Bring a copy of your ID card, real estate certificate, rental contract, health certificate and name approval notice to the local industrial and commercial department to apply for a food circulation license;
4. If you sell cigarettes, you need to bring a copy of your ID card, real estate certificate, rental contract, health certificate and name approval notice to the local tobacco bureau to apply for a tobacco monopoly retail license;
5. Bring a copy of the food circulation license, the approval letter of the tobacco monopoly retail license, the ID photo, the original name approval notice, the copy of the ID card, the real estate certificate, and the copy of the rental contract to the industrial and commercial department to apply for a business license;
6. As long as the materials are complete and meet the requirements of the industrial and commercial department, the business license can generally be obtained quickly;
7. Within 30 days of getting the business license, bring the original and copy of the business license, the original and copy of the lease contract, and the original and copy of the ID card to the local taxation and state taxation departments to apply for the "Tax Registration Certificate".
Legal basisArticle 16 of the Regulations on Individually-Owned Industrial and Commercial Households.
The registration authorities and relevant administrative organs shall, in their offices and offices, publish the conditions, procedures, time limits, catalogues of all materials to be submitted and charging standards for individual industrial and commercial households to apply for registration and administrative licensing in a manner that is easy for the public to know.
The registration authorities and relevant administrative organs shall provide guidance and inquiry services for applicants applying for administrative licenses and handling registration.
Article 17. After receiving the business license, the individual industrial and commercial household shall go through the tax registration in accordance with the law.
If there is a change in the content of the tax registration of an individually-owned business, the tax registration shall be changed or cancelled in accordance with the law.
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First, if you apply for a business license for an individual industrial and commercial household, you should go to the local market supervision office or convenience service center to handle it.
Second, if the commissary still needs to deal in food, it also needs to go to the Administrative Examination and Approval Service Bureau to apply for a food business license.
Third, remember to bring your personal ID card when applying for a business license, and then fill in some applications**.
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You can go directly to the counter of the Industrial and Commercial Bureau. When it comes to the industrial and commercial bureau, everything has a process. Of course, tobacco still needs to be handled separately. Hope it helps, hope.
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1. Original and photocopy of ID card; 2. Site certification documents of the business premises (copy of real estate certificate or land certificate); 3. The original and copy of the lease contract, and a photo of the certificate. 4. There are also the original and photocopy of the license mentioned above.
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1. A business license is required to open a commissaryLegal basisArticle 9 of the "Regulations on Individually-Owned Industrial and Commercial Households" After the registration authority examines the application materials in accordance with the law, it shall handle it in accordance with the following provisions: (1) If the application materials are complete and conform to the form of legal closure and return, it shall be registered on the spot; If the application materials are incomplete or do not meet the statutory form requirements, the applicant shall be informed of all the contents that need to be corrected on the spot.
2) Where it is necessary to verify the substantive content of the application materials, the verification shall be conducted in accordance with law, and a decision on whether to register shall be made within 15 days from the date of acceptance of the application. (3) If it does not meet the registration requirements for individual industrial and commercial households, it shall not be registered with filial piety and the applicant shall be notified in writing, explaining the reasons, and informing the applicant that he has the right to apply for administrative reconsideration and file an administrative lawsuit in accordance with the law. If it is registered, the registration authority shall issue a business license within 10 days from the date of registration.
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