How To Establish A Company According To Law

When graduating in the same season, there are a group of fresh graduates who are facing the problem of employment. The number of graduates who are relatively steadily increasing and the competition for employment among graduates is becoming increasingly fierce. Therefore, many college students who have ideals and passion have chosen the path of self employment. However, these young students who have come out of Mau Lu have fully prepared for the thorny bumpy road of entrepreneurship.

Xiao Li, a graduate of the computer department of a famous university, did not only get excellent grades in college, but also took an active part in various social practice activities. He also applied for two patents.

When he graduated in 2005, he planned to start a company with like-minded partners.

But after all, it's easier said than done. In the face of building new companies, only technical knowledge seems inadequate.

Xiao Li was contacted by Wang Zhengzhi, a lawyer of Beijing high Bo Long Hua law firm, who specially consulted on the establishment of a company.

Lawyer Wang said that only enthusiasm is not enough. For college students, capital, social experience, activity ability and psychological endurance are challenging, so psychological preparation is necessary.

In order to give full play to the creativity of college students and make full use of human resources, society is still strongly advocating and encouraging independent entrepreneurs.

The new company law, implemented in January 1st this year, provides more convenient conditions for university graduates to start their own businesses.

First of all, we should choose an enterprise form suitable for college students to start their own businesses.

At present, there are many kinds of enterprises in the society, such as state-run enterprises, foreign-funded enterprises, Limited by Share Ltd, individual proprietorship enterprises and partnership enterprises.

There are mainly three types of enterprises funded by individuals: limited liability company, partnership enterprise and individual proprietorship enterprise.

In these three forms of enterprise, the sole proprietorship enterprise is run by one person. According to the current company law, a limited liability company can also be established by a natural person or a legal person, and a partnership enterprise must have at least two people or more to establish it.

Only the establishment of a limited liability company has only limited liability, that is, the limited share of the company's share in the start-up of a company. Even if the company fails to repay the debt, it will never bankrupt the shareholders' other personal property. For the sole proprietorship and partnership enterprises, the investor should bear unlimited liability, that is, when the enterprise fails, it will also be pursued by the creditor to the home.

Undoubtedly, limited liability companies are the most suitable choice for Xiao Li.

Lawyer Wang and Wang further introduced the conditions and requirements for establishing limited liability company to Xiao Li and his partners.

The capital is the first mountain to climb over.

Xiao Li immediately asked Wang lawyer about the minimum amount of statutory capital.

The newly revised Company Law stipulates that the minimum amount of registered capital of a limited liability company should be reduced to RMB 30 thousand yuan; if a one person limited company (limited liability company having only one natural person shareholder or one legal person shareholder), the minimum registered capital will be RMB 100 thousand yuan.

The form of shareholders' contribution can be money, or physical assets, intellectual property rights, land use rights and other non monetary assets that can be assessed in monetary terms and can be pferred according to law.

The new company law stipulates that the amount of money invested by all shareholders shall not be less than thirty percent of the registered capital of a limited liability company.

That is to say, the contribution of non monetary assets can reach up to seventy percent of registered capital, which shows that the State supports and attaches importance to intellectual property contribution.

Xiao Li, Xiao Li, was very excited when he heard the introduction of Wang's lawyer. Isn't this good policy of the state encouraging them to be knowledgeable and enthusiastic entrepreneurs?

He and his colleagues used spare time to work, each accumulated less than tens of thousands of tens of thousands of funds, a local student can provide office location, Xiao Li's two patented technology can be put to great use.

Since the registered capital is not a problem, Xiao Li began to consider the specific matters of setting up a limited liability company, and he consulted with Wang lawyer one by one.

What are the provisions of the law on shareholders and organizations of a limited liability company?

According to the company law, all legal persons and natural persons can establish limited liability companies except state owned limited liability companies, including corporate legal persons, public institutions, social organizations, legal persons, individual citizens and foreign investors.

The organization of the company is composed of the shareholders' meeting, the board of directors (or executive director) and the board of supervisors (or supervisors).

After careful consideration and consultation, Xiao Li decided to register a 100 thousand yuan limited liability company, so he came to ask Wang lawyer to consult the company registration procedure.

How many stages will it take from the preparation to the formal opening of the company?

In accordance with the regulations on the registration and management of the People's Republic of China company, the company's business registration should be approved in accordance with the following procedures, and b) all shareholders jointly formulate the company's constitution;, as the chairman of the company (d), has finally realized his dream of becoming a boss, and Xiao Li and his companions are working harder and harder to fight for their dreams.