Procedures For Applying For Registration Of Enterprise Legal Persons

The procedure for applying for registration of an enterprise legal person refers to the procedure for applying for registration to the registration authority after obtaining the examination and approval document of the government competent department or the government authorized department or the centralized management department of the state industry.

According to the regulations on the administration of registration of enterprise legal persons and the detailed rules for their implementation, the application registration of enterprises shall be divided into three types: registration of opening up, alteration and cancellation of registration, and registration procedures are correspondingly divided into three types: 1., registration procedures for starting businesses.

The procedure for applying for registration of an enterprise as a legal person refers to the steps and processes that the enterprise legal person shall apply for registration of starting an enterprise as prescribed by the relevant laws and regulations.

(1) application for registration of a non corporate enterprise shall be filed with the registration authority within 30 days after the approval of the competent department or the examining and approving organ.

Relevant documents and certificates should be submitted when applying.

(2) after accepting the application for registration, the registration authority shall, within 30 days from the date of acceptance, make a decision to register or disapprove the registration, and the enterprise shall be established after the registration and approval of the registration authority and the business license of the enterprise legal person.

2. change registration procedures: (1) the change of name, domicile, place of business, legal representative, economic nature, scope of business, mode of operation, registered capital, duration of operation, branch office and other registration matters, or changes due to division, merger and relocation, should be applied to the original registration authority for registration of change.

The registration procedure for modification of an enterprise legal person refers to the steps and processes that should be followed in accordance with the relevant laws and regulations.

The seventeenth provision of the regulations on the administration of registration of enterprise juridical persons stipulates that when an enterprise legal person or an unincorporated enterprise or a business entity changes its name, domicile, business place, legal representative, responsible person, economic nature, scope of business, operation mode, registered capital, operating period, and the addition or cancellation of a branch, it shall apply to the registration authority for registration of alteration within 30 days after the approval of the competent department or the examining and approving organ.

No competent department or examination and approval authority may apply for registration of change directly to the competent registration authority.

When applying for registration of change, an enterprise shall submit relevant documents and certificates to the registration authority.

In 1992, the State Administration for Industry and Commerce issued the "opinions on improving the registration and management of enterprises, promoting reform and opening up and economic development", simplifying the procedures for changing registration procedures, and in addition to changing branches of the legal representative (responsible person), economic nature, increasing or decreasing civil liability independently, other changes in registration items may not be submitted to the competent authorities for examination and approval.

(2) the registration authority shall, within 30 days after receiving the change registration, make a decision on Approving the registration of alteration, or failing to approve and change the registration.

3. cancellation procedures: the application procedures for registration of enterprises by legal persons refer to the procedures and processes that should be followed in the application for cancellation of registration of enterprises as stipulated by relevant laws and regulations.

(1) cancellation registration refers to the law enforcement action of the registration authority to suspend business, cancel, declare bankruptcy or terminate business due to other reasons, such as collecting business license and official seal, canceling its registration number, and canceling its legal person qualification or operation right.

The twentieth provision of the regulations on the administration of registration of enterprise juridical persons stipulates: "an enterprise as a legal person is closed down, revoked, declared bankrupt or terminated business for other reasons."

The cancellation of registration of an enterprise as a legal person shall be submitted (1) the application for cancellation of registration of the enterprise signed by the legal representative; 2. The approval document of the competent department or the examining and approving organ; (3) the certificate of liquidation of the debt or the documents that the liquidation organization is responsible for clearing debts.

(2) the registration authority shall, within 30 days from the date of acceptance, accept the decision of approving registration or disapproving registration after accepting the application for cancellation of the registration unit.

After approval by the competent registration authority, the company shall confiscate the copy of the business license of the enterprise legal person and the business license of the enterprise legal person, and collect the official seal, and notify the Bank of its account of cancellation of registration.

(3) the procedures for cancellation of registration of unincorporated enterprises and the documents and certificates to be submitted shall be implemented in accordance with the relevant provisions of the cancellation of registration of enterprise legal persons.

The procedures for approval and registration of the registration authority of the registration authority are the procedures and procedures that should be followed by the registration authority in approving the registration, alteration and cancellation of an enterprise as prescribed by the relevant laws and regulations.

The registration and approval procedures of the registration authority of the company shall be divided into five steps: accepting, examining, approving, issuing and announcements.

1, accepting the concepts and conditions accepted by the company (1): acceptance is the act of accepting the application of enterprise registration according to law, and is an important link in the registration procedure. It is the starting point for the registration authority to use the registration procedure and assume the responsibility of registration.

The registration authority of the registration office must comply with the following requirements: 1.

The registration authority can only accept the applicant's registration application within the prescribed jurisdiction.

Ultra vires jurisdiction is invalid jurisdiction, and ultra vires acceptance is invalid.

Once discovered, it should be corrected immediately and pferred the accepted business registration application to the competent registration authority.

It is necessary to have a legal basis.

The registration authority shall conduct a consultation and investigation on the reasons for the application registration and the registration documents and certificates submitted by the applicant in compliance with the laws, regulations and rules. It shall be obliged to provide advice and guidance to applicants and application acts that do not conform to the requirements, and to answer the relevant questions, so that the applicant's registration reasons and application documents conform to the statutory requirements.

There must be a procedural basis.

The registration authority shall be in full and effective in accordance with the application documents, certificates, relevant materials and the registration books submitted by the registration authorities, and shall make acceptance according to the procedures.

Those who fail to apply for registration documents or documents are invalid and will not be accepted.

However, the registration authority can not refuse the case without reason, nor can it enter the stage of examination or approval without accepting it.

After accepting the decision, the registration authority shall make a decision of approval or disapproval within thirty days.

Therefore, the admissibility time should be accurate, open and mutually agreed, and should be written in order to clarify the responsibilities of both parties and the evidence for both parties.

(2) the procedures adopted by the applicant shall be submitted to the registration authority in accordance with the laws and regulations, and the registration authority shall make a preliminary examination of the application registration report and the documents, certificates and registration books submitted to the registration authority.

All documents and certificates submitted will be accepted, otherwise they will not be accepted.

The contents of the trial include: (1) whether the registration unit is within the scope of registration and jurisdiction; whether the documents and certificates submitted are complete and effective; (3) whether the registration is accurate and clear.

The above conditions shall be accepted.

After accepting the application, the registration and acceptance staff shall sign the opinions and the time of acceptance in the relevant columns of the registration book.

Anyone who does not belong to the jurisdiction of the registration authority shall notify the applicant and apply for registration with the competent registration authority.

2, review the concept of censorship (1).

Examination is the procedural act of the registration authority in carrying out the trial and verification of the application registration items according to the regulations, which is an important link in the registration procedure.

The so-called "trial" refers to the comprehensive evaluation of the authenticity, validity, validity and completeness of all the documents submitted by the enterprise for the purpose of registration. There are no problems to be affirmed, and a solution to the problem is put forward.

The so-called "verification" is based on the reasons for applying for registration and the submitted documents, documents, articles of association and other related materials, confirming the conditions for the establishment of the enterprise and the basis for its operation.

The verification process is the process of the registration authorities to carry out the relevant laws, regulations, rules and policies of the state, and it is a process of identifying the establishment, organization and registration of enterprises.

The registration of registration procedures is different from the consultation before the acceptance process. The former is a statutory procedural act, and the latter is the preparatory work before the acceptance. The former makes a decision on whether the enterprise can register or not, and provides less choice for the enterprise. The latter provides advice and guidance to the enterprise, and answers the registration problem, providing more options for the enterprise. The former focuses on examining the registration conditions and registration matters, while the latter focuses on examining whether the application documents are complete and legal.

Comparatively speaking, the examination in registration is more important than the consulting examination before acceptance.

However, the consultation examination before acceptance is also very necessary. It plays an important role in guaranteeing the quality of the admissibility, reducing blindness in admissibility, improving the quality of examination and the efficiency of examination.

Censorship includes procedural review (also known as formal review) and substantive review.

The procedural examination is whether the documents and certificates submitted by the enterprises applying for registration are complete, and whether they should carry out the examination and approval of the relevant examination and approval procedures in accordance with the provisions of the state.

It includes: (1) before the enterprise applies for registration, it has completed the examination and approval procedures of the relevant government departments and the competent departments; second, whether the contents of the registration book are filled in and meet the requirements specified in item by item; (3) whether the documents, certificates and materials are fully available, and whether they meet the prescribed examination and approval authority.

If the examination finds that it does not meet the requirements, it may supplement or re fulfill the examination and approval procedures.

Substantive examination refers to the registration authority's registration on the basis of procedural examination, whether it has the conditions of registration, whether the registration is true, whether the documents and certificates submitted are true, complete, lawful and effective, and whether it is in conformity with national laws, regulations and policies.

It includes: (1) examining whether the application registration unit has the conditions, combining the field investigation and checking the conditions; (2) examining whether the registration matters are in conformity with the laws, regulations and policy provisions; (3) whether the contents of documents, certificates and certificates submitted by the examination are in conformity with the requirements of the provisions.

If the examination finds that it is not in conformity with the regulations, it may supplement or re fulfill the examination and approval formalities; it shall be dismissed if it does not have the registration conditions or violates the state laws, regulations and policies.

Procedural review and substantive review are the specific ways of operation in the process of examination.

Procedural review focuses on the registration forms of registration documents, such as the format, effectiveness and quantity of the application documents, and finds that the procedures are deficient and incomplete, and timely notify the applicant to republish and supplement the reports.

Substantive examination shall examine the authenticity, necessity and legality of registration requirements and registration matters according to law, and organize on-site investigation when necessary.

The problems found in the review can be solved through consultation or discretionary measures.

Through substantive examination, we will finally determine whether the enterprise has the conditions of the legal person, the conditions of business registration and the other conditions that the enterprise involved in registration matters should have.

Through substantive examination, registration matters of enterprises will be preliminarily determined.

In the process of examination, procedural examination and substantive examination are not completely separate. The two methods of examination are important and irreplaceable.

The field investigation refers to the on-the-spot investigation conducted by the staff in charge of the registration department in order to ensure the authenticity of the registration items and to go deep into the domicile and business place of the enterprise.

The main purpose is to verify the conditions for the establishment of enterprises, including the residence, business premises, equipment, facilities, funds, employees, the qualifications of the legal representative and the environment.

Field investigation is a link in the examination and approval procedures of enterprise registration. It is a necessary measure to ensure the authenticity of registration matters.

(2) the procedure of examination.

The registration authority conducts a comprehensive examination and examination of the registration documents and the relevant documents and certificates submitted by the applicant, that is, to examine the authenticity, legality and validity of the documents and certificates submitted by the enterprise and the completed registration books, and to verify the relevant registration items and the conditions for starting the registration.

Examination is the core link of registration and approval procedures.

Censorship should be conducted in the order of procedural review, substantive review and field investigation.

The contents of the procedural review include: examination of the application report and relevant documents and documents submitted by the applicant to see whether it is in conformity with the provisions of the registration administration regulations. Secondly, the relevant documents and documents submitted by the applicant are examined to see if they are true, complete, proper and effective.