The New Company Law Encourages Small Investors To Start Businesses
< p > < strong > Change: modification Clause 12 presents three highlights: < /strong > /p >
The new company law, which came into effect on March 1, 2014 P, amended the 12 provisions of the previous company law.
Three main provisions are highlights.
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< p > first, changing the registered capital paid registration system to the subscription registration system is the most prominent highlight of the newly revised company law.
Cai Yuezhong, a lawyer at the Quanzhou branch of Fujian Tianheng law firm, explained: "it is easy to understand that in addition to the laws, administrative regulations and the State Council's decision to pay the registered capital of the company separately, the provisions of the company's shareholders (sponsors) should be fully paid within two years from the date of the establishment of the company, and the investment company shall pay the full amount of capital contributions within five years.
Instead, the company's shareholders (sponsors) independently agree to subscribe to the capital contribution, the mode of investment, the time limit for contribution and so on, and record it in the way of the articles of association.
Cai Yuezhong's lawyer added: "the four words of" independent agreement "give enterprises more space and flexibility.
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< p > secondly, we should relax the conditions for registration of registered capital.
In addition to a separate provision for the minimum registered capital of a company, the limitation of the minimum registered capital of a limited liability company, a one person limited liability company and a Limited by Share Ltd shall be 30 thousand yuan, 100 thousand yuan and 5 million yuan respectively.
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< p > Third, simplify registration matters and registration documents.
The amount of capital subscribed by the shareholders of a limited liability company and the paid up capital of the company are no longer regarded as registered matters.
When a company is registered, it is not necessary to submit a capital verification report.
It is understood that the revision of the law provides a legal basis and guarantee for the reform of the registration system for registered capital.
Next, the SAIC will study and put forward suggestions to amend administrative regulations such as company registration management regulations, and actively build a publicity system for credit information of the market participants, and improve the format and registration management information system.
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< p > < strong > good: stimulate small and medium investors to start their own business < /strong > < /p >
< p > when it comes to the significance of the revision of the company law, Song Dahan, director of the Legislative Affairs Office of the State Council, accepted the media's reply that, in order to further stimulate the entrepreneurial vitality of small and medium-sized investors, the plan for the registration and registration of the registered capital of the State Council should be changed to a subscription registration system.
The registered capital of the company is changed to the subscription system, which is conducive to stimulating the entrepreneurial vitality of small and medium-sized investors.
"There will be significant changes in the capital column in the future business license of the new version."
Cai Mingzhu, who has been engaged in Business Administration for many years, told reporters that according to the newly revised Company Law, other companies, such as banks, futures, securities and other industries, which were stipulated by laws and regulations, all other companies have cancelled the minimum registered capital limit.
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< p > Chen Wen, a graduate student in the student street near Huaqiao University, sighed, "this is a good news for the self-made entrepreneurs, especially for the graduates who start their own businesses. It is a real move to the nerves of the reform of the company system and promote the wave of people's self employment."
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< p > when the company is registered, it is not necessary to submit the capital verification report, which makes "one yuan start a company" become a reality.
Simplifying registration items and registration documents is an important reform of the company's supervision system, reducing the intervention in market autonomy matters.
"We often send a report to a company in the North Feng Industrial Area, a beverage wholesale company, who has been engaged in accounting for many years," we often send people to and fro between banks and accounting firms for many times.
At the same time, it will cost a lot of money.
If capital changes are made in the case of new capital investment, overall restructuring and establishment of branch companies, it will be more complicated and cumbersome, so that the development space of enterprises will be bigger and easier for us.
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< p > at the same time, in the WeChat circle, we all talked about "heard that enterprises do not have to queue up for annual inspection this year." after the annual inspection system was laid off, they replaced the "annual report system". Enterprises only need to log on to the relevant market main body credit information platform and submit their annual reports on their own, so that the whole declaration process can be completed.
Xiao Chen, a staff member of a Xiamen company who is in charge of the operation of Quanzhou branch, told reporters: "in this way, we do not need to run in two places. We can solve the problem by moving the mouse."
Quanzhou Feng Ze industrial and commercial bureau staff also told reporters: "the annual report system can not only save a lot of time and energy for enterprises, but also greatly saves manpower and material resources for the industrial and commercial system."
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< p > < strong > reminder: truthfully fill in the annual report < /strong > /p >
< p > to provide more convenient legal system for company law, some netizens are worried that the lax examination of non monetary investment will lead to frequent deception. It is also very concerned about the risks that may arise after the company law is amended, and the establishment and perfection of the system to protect creditors' interests and improve enterprise's main body credit is expected to be put on the agenda one after another.
In this regard, Cai Mingzhu, who has worked for many years in business administration, said, "lowering the access threshold is also a double-edged sword. Just like opening windows, we can pour fresh air into them, and we may also get into flies and mosquitoes.
In order to prevent the entry of these flies and mosquitoes and disrupt market order, we must also strictly control the various regulatory systems.
The core of this reform is "wide access and strict management". Lenient means that the minimum amount of registered capital should be abolished, and strict regulation is a series of measures, such as the launching of enterprise credit publicity system in March 1st.
Song Dahan, director of the Legislative Affairs Office of the State Council, also said that while reforming the registration system of registered capital, it will build the publicity system of credit information of the market entities, publicize the registration, filing and supervision information of the market subjects to the public, improve the credit constraint mechanism, give play to the supervision and self-discipline role of the social organizations, strengthen the self-management of enterprises, strengthen the supervision and management of the main business activities of the market entities, and effectively ensure the safety of pactions.
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< p > after the abolition of the annual inspection system, the annual report system has been put into effect. The insiders have warned that "enterprises should be responsible for the authenticity and legality of the annual reports". Those who concealment the truth or falsification or do not publish the annual reports in accordance with the prescribed time limit will be dealt with in the abnormal list of operations and listed in the list of serious illegal enterprises.
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