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With the development of the market economy and the modern enterprise system matures, companies and enterprises have become the establishment and registration of a major business lawyer. This requires a professional and skilled lawyers to take full advantage of the effective use of existing laws and regulations for companies and enterprises with the creation and registration of quality legal services.
Companies, enterprises, the establishment and registration of any company, business operations necessary statutory prerequisites. Companies, enterprises, the establishment of a company registration, the establishment of enterprises and go through a step, companies and enterprises to establish a sign of success. Companies and enterprises established itself contains companies, the establishment of enterprises registered companies and enterprises to establish a comprehensive and complex process. And the company, including business registration and change of registration and deregistration.
Currently the company, enterprise creation and registration laws and regulations in force main "Company Law", "company registration regulations", "management companies registered under a number of issues", "business corporation registration regulations," and a variety of related businesses such as laws and regulations. Lawyers should be based on the laws and regulations targeted for companies and enterprises with the establishment of registration for the following work (for example the establishment of a company) :
First, the choice of the type of company. "PRC Company Law", the basic form of limited companies and limited liability companies. Then, in the choice of the type of company, according to the author or to the shareholders of the amount of capital available, the author or the number of shareholders and they have to establish the size of the company. For example, the "Company Law" provisions of the limited liability company established under the registered capital of companies operating in different areas vary, the general may be not less than 100,000 yuan to 500,000 yuan, the number of shareholders, in addition to the state-owned exclusive investment companies is two to 50 people. Clearly, the shareholders can pay in the registered capital of 10,000 yuan to several hundred thousand dollars or a few hundred, the only option to establish limited liability companies because the companies requested minimum registered capital of 10 million yuan was, and the author of not less than five persons. So, under ordinary circumstances, limited liability companies are smaller companies, the larger companies are companies.
Second, the company set up to identify ways. According to China's "Company Law", the limited liability company established to meet the basic conditions would be established, the law is no special requirements. Company establishment, the "Company Law" provides a way to establish and fund the establishment of two. Then, a company is taken by the author or the establishment of a social fund established by the establishment, the company is established under the specific circumstances. Of course, normal circumstances, the Company established a fund established multi-modality.
Three, review the qualifications shareholders. For a limited liability company, the "Company Law" to the identity of the shareholders is not clear, as long as a quorum is required. But in a foreign natural or legal persons as shareholders of the company, in the choice of applicable law must be priority foreign-invested enterprises to apply the relevant provisions of law. For the establishment of joint shareholders, "Company Law", the author should provide more than five persons, also provides more than half of its territory to China in a shelter.
4, and the capital expense of the audit firms. To make clear the company's registered capital to meet the minimum prescribed by law and are actually paid from the total shareholders. And the expense of the shareholders may take a number of currencies could also be used in kind, industrial property, non-patent technology, land tenure pricing expense. However, what merits attention is that with industrial property, non-patent technology, pricing funded amount of the registered capital of the company shall not exceed 20%. Of course, the establishment of a limited liability company, the introduction of high technology to countries with special provisions from the restriction.
5, drafting, revising the company's charter and the establishment of corporate organizations. Lawyers to be based on the provisions of the "Company Law" and in light of the specific circumstances of the company drafting articles of incorporation for a company, such as company name, domicile, purpose, and registered capital must be enshrined in statute. At the same time under the relevant provisions of the "Company Law" and in light of the company's business operations and assists operating companies to establish corporate organizations, such as the formation of the Board of Trustees, managers departments, and their shareholders and the board of supervisors and between the power distribution and monitoring mechanisms be established.
6, the company set up for registration. This is the process of establishing a company to go through the steps. Lawyers acting company established in the registration, according to the "company registration regulations" set out the procedures and requirements. Such as the establishment of enterprises with foreign investment companies have priority under the relevant provisions of the Law of foreign-invested enterprises. It should also be noted that companies established prior to pre-registration for the company name, with the approval of the company's registered capital must be paid by shareholders but also by the actual accounting firms and audit firms verifying capital position to determine the scope of the company's business.
When the work, a company created immediately declared completed. Lawyers acting work could come to an end, followed by the company to provide professional legal services in other areas.
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