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In Shanghai, real-name system and remote verification are required without the presence of legal persons, and companies registered in other regions need to go through the registration procedures in person with the industrial and commercial bureau.
According to Article 25 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons, 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.
According to Article 13 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons, the following conditions shall be met to apply for the registration of enterprise legal persons (foreign-invested enterprises are listed separately):
1. Have a name and articles of association that meet the requirements.
2. Have the property of enterprise management or the property owned by the enterprise granted by the state, and be able to bear civil liability independently with its property.
3. There are business management institutions, financial institutions, labor organizations and other institutions that must be established according to the law or the articles of association that are suitable for the scale of production and operation.
4. Have the necessary business premises and facilities that are compatible with the business scope.
5. There are employees suitable for the scale of production and operation and business, of which there shall be no less than 8 full-time personnel.
6. Have a sound accounting system, be able to implement independent accounting, be responsible for profits and losses, and independently prepare a balance sheet or balance sheet.
7. If there is a registered capital that meets the specified amount and is suitable for the business scope, the state has special provisions on the amount of registered capital of the enterprise.
8. Have a business scope that conforms to national laws, regulations and policies.
9. Other conditions stipulated by laws and regulations.
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To apply for a business license, a legal person needs to be present in person.
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Legal analysis: When registering a company, it is not necessary for the legal person to be present in person, only the original ID card of the legal person of the company is acceptable. In the process of registering a company, the industrial and commercial verification of identity and bank account opening (according to the bank's requirements) requires the presence of legal persons or shareholders on site, and the rest are not required.
The whole process of registering a company can be handled by a start-up service company for the whole process, and you only need to provide the required information completely, and the start-up service company will help you complete the whole process, without the presence of legal persons or shareholders. However, there are different policies in different regions, so the policies stipulated by local industry and commerce shall prevail. Registered corporate legal persons generally do not need to be present.
According to the relevant laws and regulations, the establishment of a company shall apply to the company registration authority for establishment registration in accordance with the law. If the conditions for establishment stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority.
Legal basis: Company Law of the People's Republic of China and the People's Republic of China
Article 179 Where a company is merged or divided, and there is a change in the registration items, it shall go through the change registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the deregistration of the company in accordance with the law; If a new company is established, the company establishment registration shall be completed in accordance with the law. If a company increases or decreases its registered capital, it shall apply to the company registration authority for change registration in accordance with the law.
Article 183 Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause major damage to the interests of shareholders and cannot be resolved by other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.
Article 188 After the liquidation of a company is completed, the liquidation team shall prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration and announce the termination of the company.
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A legal person is a company. The legal representative may be present or entrust someone else to handle it. Registered companies first need to be pre-approved for business names, and individual businesses do not need to be approved. The applicant shall provide basic information to the applicant for establishment registration.
[Legal basis].Article 17 of the Regulations of the People's Republic of China on the Administration of Company Registration.
To establish a company, an application for pre-approval of the name shall be made. Hall filial piety.
If laws, administrative regulations or decisions stipulate that the establishment of a company must be approved, or the company's business scope belongs to the projects that must be approved before registration as stipulated by laws, administrative regulations or decisions, it shall be prudent to apply for the pre-approval of the company's name before submitting it for approval, and submit it for approval with the name of the company approved by the company registration authority.
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No, the person who can go through the registration procedures can be entrusted to the person, which refers to the person who exercises the right to apply for a business license on behalf of the person who is entrusted by the party, the legal representative and the statutory person.
Article 63 of the General Principles of the Civil Law provides that the person shall carry out civil juristic acts in the name of the person subject to the authority of the person within the scope of his authority. ** person to ** person's ** behavior, bear civil liability. It is the person who is responsible for it, but if the person fails to perform his duties and causes damage to the person, he shall bear civil liability.
If the person colludes with a third party to damage the interests of the person being subjected, the person and the third party shall be jointly and severally liable.
If a legal person does not need to be present to apply for a business license, there are the following situations that need to be present, refer to the Shenzhen area.
1. If the personal U shield legal person used in Shenzhen to apply for a license needs to be handled by the bank in this city, the online application of Guangdong CA and Shenzhen CA is also suspended (the specific recovery time is currently uncertain).
2. To open a corporate account, the legal person must be present in person.
3. In the case of random inspection and actual examination of registered companies, legal persons and all investors are also required to be present (but this is not necessary).
To register a company, you need to prepare information: 1. Company name (Shenzhen + trade size + industry + ****).
2. Certificate information of corporate shareholders and supervisors (legal persons and supervisors cannot be the same person).
3. The shareholders and supervisors of Mingkai Legal Person were awarded digital certificates.
4. Registered capital: The company generally starts at 30,000 yuan, and the individual can be less.
5. Business scope: refer to the business scope of the company established in the same industry.
The specific policy is subject to the relevant policies of the region.
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Generally not, there are many professional intermediary companies that handle registration and formalities, you can entrust them to handle it on your behalf, as long as you have ready the registered identity information, registered address and lease contract.
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 25 The principal responsible person who has been approved and registered by the competent registration authority for exercising functions and powers on behalf of an enterprise is the legal representative of the enterprise legal person. The legal representative is the signatory who exercises authority on behalf of the enterprise legal person in accordance with the articles of association. The legal representative of the enterprise must be a person with full capacity for civil conduct, and shall comply with the provisions of national laws, regulations and policies.
As long as it is a legal person and a shareholder who is legally and effectively authorized, as long as it is legally authorized, it can handle it on behalf of the shareholder. Now industry and commerce, taxation, and banks can all be formally authorized to handle it.
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Registered corporate legal persons generally do not need to be present.
Article 6 of the Company Law stipulates that in order to establish a company, an application shall be made to the company registration authority for establishment and registration in accordance with the law. If the conditions for establishment 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.
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Do you need a legal person to be present to register a company, I think that under normal circumstances, a legal person is required to register a company.
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The registrant of the company does need the presence of the legal person, if the legal person is not present, who has the final say on the company? Shouldn't there be rules and regulations?
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Do I still need a legal person to be present to register a company? Some places do not require attendance, and some places require the presence of all personnel to verify their identity. The specific process of handling the company is as follows.
First of all, you must have an office space, whether it is a lease or your own property, and have a title deed. If it is a lease, you must have the lease contract and the original ID of the landlord, and indicate that it is for office use.
The original ID card of the shareholder (if there is only one ** east, the original ID card of the supervisor must also be provided);
Think of three or four company names, in order of importance, and it should be noted here that the words "party" or "zhong" are not approved, so you must be cautious when naming the company.
The company's business scope, such as cultural exchange, cultural planning, advertising production and release, etc.
What is the proportion of capital contribution of each shareholder (fill in truthfully), the registered capital can be in place within ten years, and there is no need for capital verification.
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1. There will be different answers to the question of whether the registered company needs the presence of a legal person, which is affected by the region.
2. The registered company has three steps: name verification, establishment and seal engraving, taking Chengdu as an example, the name verification of other urban industrial and commercial bureaus can be handled by the entrusting person with the original ID card of all investors and the application for name verification. The establishment of a sole proprietorship company in Chengdu High-tech Zone requires a legal person to be present in person with an ID card, and a company with 2 or more people can entrust it. Subsequent establishment (submission) and engraving of seals can be handled by signing a power of attorney.
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The presence of a legal person is not required to register a company.
For company registration, you only need to provide ID card or passport and other information, and then sign and seal.
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Hello, as far as Shanghai is concerned, the registration of a company in Fengxian does not require the presence of a legal person, the registration of a legal person in Pudong needs to be present 3 times, and the Jinshan legal person needs to be present once
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You don't need to be present, just give the original ID card.
1. The establishment of a limited liability company shall meet the following conditions:
1) The shareholders meet the quorum;
2) The shareholder's capital contribution reaches the minimum authorized capital limit;
3) Shareholders jointly formulate the articles of association;
4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;
5) Have a company domicile.
2. The articles of association of a limited liability company shall specify the following matters:
1) The name and domicile of the company;
2) the company's business scope;
3) the registered capital of the company;
4) the name or title of the shareholder;
5) the method of capital contribution, the amount of capital contribution and the time of capital contribution of shareholders;
6) The company's organization and its formation methods, powers, and rules of procedure;
7) the legal representative of the company;
8) Other matters that the shareholders' meeting deems necessary to stipulate. Shareholders shall sign and seal the articles of association.
3. Limited liability company:
The quorum of shareholders shall be 2 50;
Shareholders contribute capital up to the minimum authorized capital (depending on the industry);
Shareholders jointly formulate the articles of association;
With a company name, the LLC must indicate the words "Limited Liability Company" in the company name and establish an organizational structure that conforms to the LLC;
Fourth, the limited liability company capital contribution method.
Limited Liability Company: Shareholders shall pay their capital contributions in full in accordance with the amount of capital contributions subscribed in the promoter agreement and the articles of association. If a shareholder fails to pay the subscribed capital contribution on time, it shall bear the liability for breach of contract to other shareholders who have contributed capital.
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