What Laws Should We Know About Entrepreneurship?

Before you start your business, you need to know the basic legal environment of our country.

China is still in the primary stage of the socialist market economy. In many areas, there are still many traces of planned economy. The government has more control over the economy. Many business projects need to be examined and approved, administrative examination is more, and taxes outside expenses happen frequently.

With the improvement of the government's economic management level and enterprise's self-discipline ability, the above problems will be solved step by step.

Our country is a statute law country. Law enforcement and judicature are based on laws, regulations, regulations and normative documents. Precedents are not legal and have no general binding force, but they have more and more reference significance, especially the cases promulgated by the Supreme People's court.

To set up an enterprise to engage in business activities, it is necessary to register with the administrative department for Industry and Commerce and obtain business licenses. If engaging in specific business activities, it must obtain relevant approval documents from the competent authorities in advance.

China's enterprise legislation has no longer been extended according to the old mode of enterprise ownership legislation, but is legislating according to the organizational form of enterprises. According to the general principles of the civil law, the company law, the partnership law and the law of the sole proprietorship enterprise, the organization form of the enterprise can be Limited by Share Ltd, limited liability company, partnership enterprise and sole proprietorship enterprise, among which the limited liability company is the most common form.

To establish an enterprise, you also need to understand the business administration regulations and regulations of the Enterprise Registration Administration Ordinance and the Company Registration Administration Ordinance.

You need to know the regulations, rules and regulations of the development zones, high-tech parks, software parks (bases) and other relevant local regulations in order to set up a specific job waiting enterprise. This will help you choose a business location to enjoy preferential policies such as taxation.

Our country implements the statutory registered capital system. If you do not invest in monetary capital, but in the form of intangible assets, such as physical property, intellectual property rights, or equity and debt, you also need to know the relevant capital and asset assessment regulations.

After the establishment of enterprises, you need to register tax, and need accountants to handle finances, which involves tax law and financial system. You need to know what taxes the enterprise needs to pay.

Business tax, value-added tax, income tax and so on, you also need to know which expenditure can enter the cost, start-up costs, how to amortize fixed assets and so on.

You need to hire staff, which involves labor law and social insurance. You need to know about labor contracts, probation period, service period, trade secrets, competition prohibition, work-related injury, pensions, housing provident fund, medical insurance, unemployment insurance, and many other regulations.

You also need to deal with intellectual property issues. You can neither infringe on other people's intellectual property rights or establish your own intellectual property protection system. You need to know the protection methods of copyright, trademarks, domain names, trade names, patents, technical secrets, and so on.

In your business, you should also understand the basic civil and commercial laws, such as the contract law, the guaranty law and the bill law, as well as the laws and regulations governing the industry.

The above is simply enumerating the laws commonly used in entrepreneurship, and will encounter a lot of legal problems in the actual operation of enterprises.

Of course, you only need to have some basic understanding of these problems, and professional problems must be handled by lawyers.