A business license is a certificate issued by the industrial and commercial administration authority to industrial and commercial enterprises and individual traders allowing them to engage in certain production and business activities. Its format is uniformly stipulated by the State Administration for Industry and Commerce.
The registration matters are: name, address, person in charge, amount of funds, economic composition, business scope, business method, number of employees, business period, etc. The business license is divided into original and duplicate, both of which have the same legal effect. The original copy shall be placed in a conspicuous place at the company's residence or business premises, and the business license shall not be forged, altered, rented, lent or transferred.
Industrial and commercial enterprises or self-employed individuals without a business license are not allowed to open their business. They are not allowed to engrave official seals, sign contracts, register trademarks, or publish advertisements. They are not allowed to open bank accounts.
Applying methods
How to apply for a business license
1. Choose the company form:
Ordinary limited liability company, minimum registered capital 30,000 yuan, two (or more) shareholders are required. Starting from January 2006, the new company law stipulates that one shareholder is allowed to register a limited liability company. This special limited liability company is also called a "one-person limited company" (but There will not be the word "one person" in the company name, and the license will indicate "natural person sole proprietorship"), and the minimum registered capital is 100,000 yuan.
If you invest and start a business in partnership with friends and family, you can choose an ordinary limited company with a minimum registered capital of 30,000 yuan; if you are the only shareholder, choose a one-person limited company with a minimum registered capital of 100,000 yuan. Yuan.
2. Steps to register a company:
1. Name verification: Go to the Industrial and Commercial Bureau to get an "Enterprise (trade name) name pre-approval application form" and fill in the information you are going to get. The company name will be searched online by the Industry and Commerce Bureau (Intranet of the Industry and Commerce Bureau) to see if there are any duplicate names. If there are no duplicate names, you can use this name and a "Notice of Pre-approval of Enterprise (Trade Size) Name" will be issued. The handling fee for this step is 30 yuan. (30 yuan can help you search 5 names. Many names are repeated, so there is no need to try common names to avoid wasting money)
2. Rent:
Go to a professional search engine Rent an office in an office building, or if you have your own factory or office, but some places do not allow working in residential buildings. After renting, you must sign a rental contract and ask the landlord to provide a copy of the property certificate.
After signing the rental contract, you have to go to the tax bureau to buy stamp duty at a rate of one thousandth of the annual rent. For example, if your annual rent is 10,000 yuan, you will need to buy it for 10 yuan. The stamp duty is affixed to the first page of the rent contract. Any subsequent use of the rent contract requires a copy of the contract with the stamp duty affixed.
3. Write the "Articles of Association":
You can download a sample of the "Articles of Association" from the website of the Industrial and Commercial Bureau, and just modify it. The articles of association conclude with the signatures of all shareholders.
4. Engrave a private seal:
Go to the street where seals are carved and engrave a private seal and tell them to engrave a legal person's private seal (square). The cost is about 20 yuan.
5. Go to an accounting firm to get a "Bank Inquiry Letter":
Contact an accounting firm and get a "Bank Inquiry Letter" (must be the original, accounting firm Stamped with a fresh seal). If you are unclear, you can read the classified ads in the newspaper. There are many advertisements for accounting firms.
6. Go to the bank to open a company capital verification account:
All shareholders bring their share of the money to the bank, the company's articles of association, the verification notice issued by the Industrial and Commercial Bureau, Go to the bank to open a company account with the legal representative's private seal, ID card, money for capital verification, and blank inquiry letter form. You need to tell the bank that you are opening a capital verification account. After opening the company account, each shareholder deposits corresponding money into the company account according to the amount of his own investment. The bank will issue a payment note to each shareholder and stamp the bank's seal on the confirmation letter.
Note: The Company Law stipulates that when registering a company, investors (shareholders) must pay sufficient capital, which can be in the form of loans (that is, RMB), or in kind (such as cars), Investment in real estate, intellectual property, etc.
What you go to the bank to do is only the monetary investment part. If you have physical objects, real estate, etc. as investment, you need to go to an accounting firm to appraise its value before investing at its actual value, which is troublesome. Therefore, it is recommended that you directly use money to invest. The company It doesn’t matter what method you use to get the money, whether it’s your own or borrowed, as long as you pay the capital in full.
7. Apply for capital verification report:
Take the shareholder payment note issued by the bank, the confirmation letter stamped by the bank, as well as the company's articles of association, verification notice, rent contract, A copy of the real estate certificate and a capital verification report from an accounting firm. The general fee is about 500 yuan (registered capital below 500,000 yuan).
8. Register a company:
Go to the Industrial and Commercial Bureau to obtain various forms for company establishment and registration, including establishment registration application form, list of shareholders (sponsors), supervision status of directors and managers, legal persons Representative registration form, designated representative or authorized agent registration form. After completing the form, submit it to the Industrial and Commercial Bureau together with the verification notice, company articles of association, rent contract, copy of the real estate certificate, and capital verification report. The license can be collected in about 3 working days. This fee is about 300 yuan.
9. With your business license, go to the seal engraving agency designated by the Public Security Bureau to engrave the official seal and financial seal. In the following steps, you need to use the official seal or financial seal.
10. Apply for the organization code certificate of the enterprise:
Go to the Technical Supervision Bureau with your business license to apply for the organization code certificate. The fee is 80 yuan.
11. Go to the bank to open a basic account:
With your business license and organization code certificate, go to the bank to open a basic account. It is best to go to the same branch of the bank where the capital verification was originally performed, otherwise, an extra 100 yuan in capital verification account fees will be charged.
Opening a basic account requires filling in a lot of forms. It is best to bring everything you can, otherwise you will have to make many trips, including the original business license, ID card, organization code certificate, and company certificate. Financial seal and corporate seal.
When opening a basic account, you also need to purchase a cipher (from the second half of 2005, most banks have this requirement), and the cipher requires 280 yuan. In the future, your company will need to use a cipher to generate a password when writing checks or transferring money.
12. Apply for tax registration:
After receiving the license, go to the local tax bureau to apply for a tax registration certificate within 30 days. Generally, companies need to apply for two types of tax registration certificates, namely national tax and local tax. The cost is 40 yuan each, ***80 yuan.
When applying for a tax registration certificate, you must have an accountant, because one of the documents required by the tax bureau is the accounting qualification certificate and ID card. You can hire a part-time accountant first. The salary of a small company's first-time part-time accountant is usually 200 yuan.
13. Apply for purchase invoice:
If your company sells goods, you should go to the national tax to apply for an invoice. If it is a service company, go to the local tax to apply for an invoice. .
The business finally started. Pay attention to reporting taxes to the tax on time every month. Even if you do not conduct business and do not need to pay taxes, you must make a zero declaration, otherwise you will be fined.
Procedures
Business license application process:
1. Registration of business opening of private enterprise
After the preparation work of the private enterprise is completed, it shall be carried out in accordance with the national According to laws and regulations, apply to the registration authority to engage in production and business activities in a certain industry and apply for formal business registration. The procedure for business registration is as follows: first consult with the industrial and commercial administration authorities to obtain preliminary opinions on personnel, business scope, registration authority, etc. Then receive and fill out the pre-approval form for the company name and go through the pre-approval procedures for the company name. Secondly, submit necessary documents and certificates such as shareholder identity certificates and power of attorney to the registration authority. The registration authority will review and approve the application after accepting it, and make a decision on approval or rejection within 10 days. Because the registration procedures for opening a private enterprise are more complicated, there are more documents to be submitted. Includes:
(1) Applicant’s identity certificate. The applicant for a sole proprietorship is the investor himself, and the applicant for a partnership refers to the person in charge recommended by the partners.
(2) Anyone who applies to start a private enterprise must provide a resident ID card and submit the following documents according to their own situation: urban unemployed persons should submit an unemployment certificate; individual industrial and commercial households should submit a business license; resignation, Retired personnel should submit a resignation and retirement certificate issued by the original unit; retired personnel should submit a retirement and retirement certificate; scientific and technological personnel who are on leave without pay should submit an agreement and qualification certificate on leave without pay; other personnel who comply with the regulations of the national and provincial people's governments , relevant certificates should be submitted as required. Rural villagers who have not been issued a resident ID card should submit a household registration certificate.
3) Proof of site use includes: if you own a private house, you should submit a real estate certificate; if you rent a house or site, you should submit a house and site rental contract, relevant real estate certificates, and a management department permission certificate; if you use land, you should submit it to the land management department. approval document.
(4) Capital verification certificate.
(5) "Notice of Preliminary Approval of Enterprise Name".
(6) The company’s articles of association and appointment documents for chairman, directors, supervisors, etc. should be submitted.
(7) To open a partnership, a written agreement from the partners must be submitted. The partnership agreement should specify the following matters: the name of the partnership and the location of its main business premises; the purpose of the partnership and the business scope of the partnership; the names and domiciles of the partners, the method, amount and period of capital contribution by the partners; profit distribution and loss sharing methods; execution of partnership affairs; entry and exit, dissolution and liquidation of partnership; liability for breach of contract, etc. The partnership agreement may specify the operating period of the partnership and the resolution of disputes between partners. The partnership agreement must be signed and sealed by all partners before it becomes effective.
2. Open a bank account
The operator deposits the funds he has into the bank of his choice and opens a bank account.
3. Apply for the "Legal Person Code Certificate"
According to the needs of modern management and to protect the rights of corporate legal persons from infringement, operators also need to go to the local technical supervision department or relevant departments to apply. "Legal Person Code Certificate". When applying for an organization code certificate, an enterprise must submit a business license issued by the industrial and commercial department, bring the official seal of the unit, the ID card of the legal representative (person in charge) and the person in charge, and the code certificate or copy of the superior authority.< /p>
4. Go to the tax bureau to apply for tax registration
(1) Individual applicants bring their original ID cards and go to the tax branch to receive and fill in the "Personal Tax Registration Form", along with a copy of the industrial and commercial license. Original, go to the "Tax Registration" window to go through tax registration procedures
(2) The enterprise certificate holder will bring a copy of the business license, the enterprise's national unified code certificate, the legal person certificate and the company's official seal to the local tax bureau to collect and fill in the "Enterprise Certificate" "Tax Registration Form" to receive the computer code and tax account number. Then bring the "Enterprise Tax Registration Form" and the above-mentioned supplementary materials to the Municipal Bureau Certification Office to handle tax registration procedures
5. Go to the health and epidemic prevention station to apply for a health license
(1) Organize employees Go to the local health and epidemic prevention department for a physical examination to apply for a personal health certificate
(2) The enterprise applies to the health and epidemic prevention department to apply for a health license
6. Go to the price department Apply for a charging license
7. Apply for business opening registration form
After completing the above procedures, it means that the approval of various functional departments required for an enterprise has been completed, and you can go to the district where you are located. The Industrial and Commercial Administration Bureau has processed the "Enterprise Registration Form for Individual Industrial and Commercial Households" and is preparing to select a date for opening.
The procedure for applying for a business license is actually very simple. As long as you follow the above steps, you are guaranteed to save time, effort and worry.