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Now foreign-invested companies (including Sino-foreign cooperative enterprises, Sino-foreign joint ventures, wholly foreign-owned enterprises and foreign-invested shares) do not need to go through the approval of the new office, and the industrial and commercial bureau will no longer handle the registration in this regard, so if your foreign-invested enterprise is a company, then you can directly list it, for example, your company is in Beijing, and then you want to set up an office in Shanghai, you can directly list the "Shanghai Office of Beijing ** Company" outside, There is no need to go through any approval and registration procedures.
Legal basis: Paragraph 1 of Article 25 of the Implementation Opinions on Several Issues Concerning the Application of the Law on the Administration of the Examination and Approval and Registration of Foreign-Invested Companies, jointly issued by the State Administration for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs and the State Administration of Foreign Exchange in 2006: "The company registration authority shall no longer handle the registration of the office of a foreign-invested company.
The original registered office will no longer go through the change or extension procedures. After the expiration of the time limit, the applicant shall apply for cancellation of registration or the establishment of a branch office as needed. A branch of a foreign-invested company may engage in liaison, consulting and other businesses within the scope of the company's business.
However, if your foreign-invested enterprise is a non-company, then it needs to be approved by the local foreign trade and economic cooperation bureau (in some areas that have undergone ** institutional reform, it is the commerce bureau), and then register with the local industry and commerce, and the documents required for registration are:
2. Approval documents of the examination and approval department.
3. Notification letter from the original registration authority.
4. Resolutions made by affiliated enterprises in accordance with the law.
5. The appointment document of the person in charge.
6. Proof of use of business premises or address.
7. A copy of the license of the affiliated enterprise.
8. Other relevant documents and certificates are subject to the requirements of the local Foreign Trade and Economic Cooperation Bureau (Commerce Bureau).
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A branch office is an institution established by a company outside its domicile to engage in business activities. A branch office does not have the status of a corporate legal person. Article 47 The registration items of the branch include:
Name, place of business, person in charge, scope of business. The name of the branch shall comply with the relevant provisions of the state. The business scope of the branch office shall not exceed the business scope of the company.
Article 48 Where a company establishes a branch, it shall apply to the company registration authority where the branch is located for registration within 30 days from the date of making the decision; If laws, administrative regulations or decisions stipulate that it must be reported to the relevant departments for approval, it shall apply for registration with the company registration authority within 30 days from the date of approval. To establish a branch, the following documents shall be submitted to the company registration authority: (1) An application for registration for the establishment of a branch signed by the legal representative of the company; (2) A copy of the articles of association of the company and the "Business License of Enterprise Legal Person" stamped with the company's seal; (3) Proof of use of business premises; (4) The appointment documents and identity certificates of the person in charge of the branch; (5) Other documents required to be submitted by the State Administration for Industry and Commerce.
If laws, administrative regulations or decisions stipulate that the establishment of a branch must be approved, or the business scope of the branch is a project that must be approved before registration as stipulated by laws, administrative regulations or decisions, the relevant approval documents shall also be submitted. If the company registration authority of the branch office approves the registration, it shall issue a "business license". The company shall, within 30 days from the date of registration of the branch, go to the company registration authority for filing with the business license of the branch.
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Legal Analysis: Yes. To set up an office as an office for fixed business activities, it shall apply to the competent tax department where the institution is located for the issuance of the "Tax Administration Certificate for Overseas Business Activities", and hold a copy of the tax registration certificate and the "Tax Administration Certificate for Overseas Business Activities".
Second, third and fourth, together with the goods or business items delivered, shall apply to the tax authorities at the place of sale for inspection.
Legal basis: Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Registration and Administration of Enterprise Legal Persons Article 28 The competent registration authority shall approve the business scope and business mode in accordance with the application of the applicant unit and the conditions it possesses, in accordance with national laws, regulations and policies and standardization requirements. Enterprises must engage in business activities in accordance with the business scope and business mode approved and registered by the competent registration authority.
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Legal analysis: Generally, if a branch office needs to be registered for industrial and commercial taxation in a different place, it is enough to bring the information of the head office. The law states that 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.
Legal basis: Article 14 of 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 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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First of all, a fixed place of business should be determined, if the commercial building allows the property to issue a lease agreement, if the private house needs to use a copy of the owner's ID card, a copy of the property right certificate and the rental agreement; You need to bring your original and copy of your ID card, a copy of the company's business license, tax registration certificate and other relevant procedures to the local industrial and commercial department for registration, and you can get the business license. For specific matters, it is best to consult with the industrial and commercial bureau where you want to set up an office, which can save you time.
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The process and required materials for the company to apply for office registration in other places.
After many people register their companies, some companies will set up an office in other places. A corporate office is a place where a certain business or provision of services is conducted. It refers to an organization in a certain place, which does not need to obtain administrative licensing procedures from the industrial and commercial department.
There are no fixed requirements for service items and places, and they can be flexibly changed. The Office is an unincorporated entity with non-independent accounting. Therefore, the office is not allowed to buy and sell, and there is no need to file and pay taxes.
The office is not a company, and everything has to go from the head office, including invoicing and collection. Therefore, the Office is only a coordinating role. Let's talk about the company's application for office registration process and required materials in the field:
1. The following materials shall be submitted for the establishment of the company's office:
1) Application for registration of branch establishment signed by the company's legal representative;
2) A copy of the company's articles of association;
3) A copy of the company's business license as a corporate legal person;
4) The resolution of the shareholders' meeting of the company to request the establishment of a branch;
5) Proof of residence of the office, if rented, provide the rent contract, and a copy of the landlord's real estate certificate;
6) The company's certificate of appointment to the person in charge of the office;
7) If the business scope involves pre-approval, the corresponding license certificate must also be submitted. All of the above copies need to be stamped for confirmation.
2. Legal procedures for the establishment of the company's office:
1) Application report;
2) Business license of the parent company (with official seal), resolution of the shareholders' meeting or board of directors and consent letter from the Industrial and Commercial Bureau;
3) The certificate (power of attorney) of the entrusting person of the enterprise legal person and the copy of the work permit or ID card of the principal;
4) Resume, **, ID card, temporary residence permit, etc.;
5. The appointment document of the person in charge.
6) Proof of residence, lease agreement must be submitted for renting a house, and the term of the agreement must be more than one year (with a copy of the property right certificate);
7) A full set of registration** and other materials issued by the Industrial and Commercial Bureau.
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The documents and procedures required to start a branch office are as follows:
The content in parentheses is for explanation and not the original legal provisions).
According to Chapter VII of the Regulations of the People's Republic of China on the Administration of Company Registration, the registration of branches.
Article 47.
The registration items of the branch include: name, place of business, person in charge, and business scope.
The name of the branch shall comply with the relevant provisions of the state.
The business scope of the branch office shall not exceed the business scope of the company.
Article 48.
To establish a branch, the following documents shall be submitted to the company registration authority:
1) The application for registration of the establishment of a branch signed by the legal representative of the company;
First of all, go to the industrial and commercial department to obtain **, take it back and fill it out and then hand it in, or you can go to the **** electronic ** of the industrial and commercial department at the provincial and municipal levels, and print and fill in the scum by yourself.
Personally, it is better to take the ** printed by the local industrial and commercial department) 2) a copy of the articles of association of the company and the "Business License of the Enterprise Legal Person" stamped with the company's unsuccessful seal;
The articles of association of the company can be obtained from the industrial and commercial department to obtain the template of the articles of association, and then modify it by itself) 3) certificate of use of the business premises; (That is, real estate certification documents: land certificate, real estate certificate, commercial housing pre-sale certificate, etc.).
(4) The appointment documents and identity certificates of the person in charge of the branch;
(5) Other documents required to be submitted by the State Administration for Industry and Commerce.
For example, the original and copy of the pre-license document of the head office, etc., please consult the industrial and commercial department for details, because I don't know what type of company you are).
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The process of setting up an office in the field is as follows:
1) Application report;
2) Business license of the parent company (with official seal), resolution of the shareholders' meeting or board of directors and consent letter from the Industrial and Commercial Bureau;
3) The certificate (power of attorney) of the entrusting person of the enterprise legal person and the copy of the work permit or ID card of the principal;
4) Resume, **, ID card, temporary residence permit, etc.;
5. The appointment document of the person in charge.
6) Proof of residence, lease agreement must be submitted for renting a house, and the term of the agreement must be more than one year (with a copy of the property right certificate);
7) A full set of registration** and other materials issued by the Industrial and Commercial Bureau. The bureau clears this.
The following materials need to be submitted for the establishment of the company's office:
1) Application for registration of branch establishment signed by the company's legal representative;
2) A copy of the company's articles of association;
3) A copy of the company's business license as a corporate legal person;
4. The resolution of the company's shareholders to request the establishment of branches;
5) Proof of residence of the office, if rented, provide the rent contract, and a copy of the landlord's real estate certificate;
6) The company's certificate of appointment to the person in charge of the office;
7) If the business scope involves pre-approval, the corresponding license certificate must also be submitted. All of the above copies need to be stamped for confirmation.
To sum up, the company should set up an office in the field, and register with the Tongxun Administration Bureau of the establishment of the local industrial capacity firm within the procedures for setting up the company's branches.
Legal basis]:
Article 6 of the Company Law of the People's Republic of China.
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.
Hello, I'm glad to answer for you: the cancellation of the company can be cancelled in different places, but if you can't go to the region and need a principal, you need to have a designated representative or a power of attorney of the co-principal, which needs to be signed by the legal person and the shareholder. In this way, the company's off-site deregistration can be realized.
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