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Execution authority: Application procedure: (I) Non-corporate enterprise
(factory, store, business outlet, commercial agency) 1. The investor shall
submit the written application to the local Administration of Industry and
Commerce that will be in charge of the enterprise to be established; 2.
Approval documents issued by superintendent authority or examination
authority; 3. Qualification certification of all shareholders or initiator
(the business license issued by local Administration of Industry and Commerce)
or the identity certification of natural person; 4. Certification of use of
business place; 5. Certification of capital assessment issued by the organ
legally qualified for capital assessment; the registered capital shall be at
least 30 thousand yuan; 6. Articles of association; 7. Employment document
of legal representative; The legal representative cannot be the person with
any of following 5 conditions: less than 5 years since being released from the
punishment for economic crime, less than 3 years since being released from the
punishment for other crime or less than 5 years since being released from the
punitive deprivation of political rights for crime; less than 3 years since the
liquidation of the enterprise, to the bankruptcy of which he bear personal
responsibility; less than 3 years since the business license being revoked as
the punishment to violation of laws and where the legal person takes personal
responsibility; still in personal debt at the due time and debt sum being huge;
without civil capacity or with limited civil capacity 8. Other
documents. (II) Liability limited company 1. Application for registration
of establishment signed by the chairman of board; 2. Certification of
appointment of representative or entrustment of agent by all shareholders; 3.
Articles of association; 4. Application for approval of preseelted enterprise
name signed by all shareholders; 5. Certification of legal personality or
identity certification of natural person; 6. "Notification on Approval of
Preselected Enterprise Name" 7. Certification of capital assessment issued by
the organ legally qualified for capital assessment; the registered capital of
production or wholesale enterprise shall be 500 thousand yuan, the registered
capital of retail enterprise shall be 300 thousand yuan, and the registered
capital of technological development, consultation and service shall be 100
thousand yuan;
8. The document recording the name and residence of directors, supervisors
and managers of the company and the certification of assignment, selection or
employment; 9. Employment document and identity certification of the legal
person of company; 10. Certification of company's place (house ownership
certificate or lease contract with the term more than one year and the original
house ownership certificate); 11. Relevant approval documents when some item
within business scope must be examined and approved specially as per relevant
laws and administrative regulations. (III) Stock company 1. Application
for approval of preseelted enterprise name signed by all initiators; 2.
Qualification certification of all initiator or the identity certification of
natural person;
3. Application for registration of establishment signed by the chairman of
board; 4. Approval documents issued by the authority authorized by the State
Council or province government, plus the approval documents issued by Securities
Management Department of the State Council for the project in need of fund
collection; 5. Meeting minute of establishment meeting; 6. Articles of
association; 7. Financial audit report of the company for project
preparation; 8. Certification of capital assessment issued by the organ
legally qualified for capital assessment; the registered capital shall be at
least 10 million yuan; 9. The document recording the name and residence of
directors, supervisors and managers of the company and the certification of
assignment, selection or employment; 10. Employment document and identity
certification of the legal person of company; 11. "Approval of Preseelted
Enterprise Name"; 12. Certification of company's place 13. Relevant
approval documents when some item within business scope must be examined and
approved specially as per relevant laws and administrative regulations. (IV)
Branch 1. Application for establishment of branch signed by the legal
representative; 2. Articles of association and copy of business license with
the official seal of registration authority over the applicant company; 3.
Certification of use of business place; 4. Other documents required by the
registration authority over the applicant company. Execution procedure:
1. Investors or the authorized agents or co-consigners submit the
application; 2. The applicant obtains enterprise registration form from
Administration of Industry and Commerce; 3. The investor fills the true
information in the form; 4. The authority for industry and commerce accepts
the application; 5. The authority shall approve or reject the application of
company name within 10 days since acceptance;
6. The authority shall
approve or reject the application for registration within 30 days since
accepting the application, including all documents and the document for special
examination; 7. For the enterprise with its application of preselected
company name approved, it shall get registered at the authority for industry and
commerce within 6 months; 8. Upon reception of the notification of acceptance
of application for establishment issued by Administration of Industry and
Commerce, the investor shall pay the registration fee and obtain the business
license, both original copy and duplicate copy, at the authority for industry
and commerce; 9. The day when the enterprise is approved to obtain the
business license is the day of establishment. Since then, the enterprise shall
obtain the enterprise code, carve official seal, obtain the code tax
registration certificate and open account in bank subject to the business
license. Standard and basis of charge: Submitted to: Execution
address: audituser£º Basis of execution: 1. "Regulations of the People's
Republic of China on Management of Registration of Legal Person of Enterprise",
No. 1 State Council Decree issued on June 30, 1988 2. "Detailed Rules on the
Implementation of 'Regulations of the People's Republic of China on Management
of Registration of Legal Person of Enterprise'", No. 1 State Administration of
Industry and Commerce Decree, issued on November 3, 1988. 3. "Supplementary
Regulations of Shanghai on Management of Registration of Legal Person of
Enterprise", No. HUFU 1989 (30), issued on July 1, 1989. 4. "Company Law of
the People's Republic of China", passed in 5th conference of 8th National
People's Congress Standing Committee in December 1993 and taken into effect
since July 1, 1994. 5. "Regulations of the People's Republic of China on
Registration of Company", No. 156 State Council Decree issued in 1994 and taken
into effect since July 1, 1994. 6. "Regulations on Some Problems in
Management of Registration of Company", No. 83 State Administration of Industry
and Commerce Decree issued on January 6, 1998. Contact phone: Website:
Time of service: Time limit: Applicant's qualification: 1. Nature of
the investor: any enterprise (liability limited company, stock company and its
branch company, and other type) and any commercial agency. 2. Rejection will
be given upon any of following conditions: (1) The enterprise registered at
other Chinese place as one of the three types of foreign-funded enterprises
fails to fully describe the registered capital or fully pay the tax to Chinese
authority for taxation; (2) The liability limited company registered at other
Chinese place has the total external investment more than 50% of its net
assets; (3) The enterprise violates laws; (4) Other conditions stipulated
by laws. |