1.Does the new company law have any change in company registry?
A：First, change the registered capital form actually paid to subscribed; cancel the rule of corporate shareholder must pay all the registered capital within 2 years, investment corporation must pay all the registered capital within 5 years; cancel the rule of one-person limited liability company shareholder must pay the registered capital once.
Second, broaden the registered capital limit.
Thirdly, simplify register proceeding and document.
2.What type of company or enterprise does China approbatory? How does these company undertake external debt liability?
A:The type of company which Chinese government approbatory have:
1) Domestic enterprise: state-owned enterprise, collectively-owned enterprise, joint-equity cooperative enterprises, associated enterprise, Limited Liability Company, company limited by shares, private enterprise and other enterprise;
2) HongKong, Macao and Taiwan enterprise: joint venture, cooperative enterprise, sole proprietorship, company limited by shares;
3) Foreign-invested enterprise: Chinese-foreign joint venture, Chinese-foreign co-operative enterprise, foreign-owned enterprise, foreign-funded joint stock limited company.
All the type of company and enterprise above is response for it’s debt by it’s own property, investors and shareholder all just response for it’s debt limit by it’s own contributions, unless investors and shareholder malicious to make company debt and can’t afford it, cause disregard of corporate personality, otherwise, can’t claim debt to investors and shareholder. General partners in joint venture enterprise will response the infinite joint liability.
3.What is the different between Subsidiary corporation status and branch company status?
A：Subsidiary corporation have independent corporate personality in law, could dispose it’s own property, assumed liability in it’s own name, have independent lawsuit position, could join law suit as accuser and defendant; branch company don’t have independent corporate personality in law, attachen on corporate personality of head office, can’t assumption of debts in it’s own name, don’t have independent lawsuit position, only could join the suit representative of head office.
4.How long will take to registered company.
A:About 1 month.
5.What document will be need for registered company name in industrial and commercial bureau?
A:Will need supply 5 name to industrial and commercial bureau to check name, because company name is protect by law, so duplication of name will not be approve.
6.What document will be need for registry company?
A: Documents as below
1) Requisition for registration of enterprise signed by corporate legal representative;
2) Certify of representative of all shareholders or common entrusted agent;
3) Articles of incorporation;
4) Certificate of capital verification by capital inspection organ which set up by law, unless it is otherwise provided for by any law or regulation;
5) Shareholder don’t contributive the currency property in first time, should supply the documentary evidence of property transferred.
6) Right as principal qualification certificate of shareholder or identity certificate of natural person.
7) Document of name and address of company director, supervisor, manager and certify of related appoint, elect or engage;
8) Appointment document of corporate legal representative;
9) Register check and approve in advance of company name;
10) Certify of company domicile;
11) Other document request by SAIC
7. What conditions should be qualified for company start business?
A:1) Business license, organization code certificate, tax registration by national tax or local tax, now “three in one” is pursued all over China, very convenience;
2) Related stamp of company is ready(official seal, contract seal, finance seal, legal person seal);
3) Already set up company account in capital verification bank;
4) Business place pass the fire safety inspection .
8. How to choose funding if need pad-funded & capital verification?
A:Company with abundant capital,low interests and fast speed is your best choice, XiaoMa is such a company, what are you waiting for?
9. What is the license annual inspection? what is the consequence of didn’t supply the annual report?
A:The industry and commerce bureau annual inspection is canceled in Mar,1,2014.Replace by enterprise annual report publicity system. means every company or individual household must supply the annual report to industry and commerce bureau and publish it in a prescribed timelimit.(different place have different prescribed timelimit)
XiaoMa reminder: the company or individual household didn’t supply annual report will be list into exception list, will cause follow influence to you:
Restrict or forbidden to join the government procurement, construction bidding, state-owned land transfer, award honorary title and other related activity.
1) Bank or financing institution will reject to supply open bank account, loan and other service.
2) Will be narrow inspection by opposite party in market dealing.
3) After list in exception list 3 years still didn’t supply the annual report, the company will list into the serious violation of law list by SAIC or province industry and commerce bureau.
4) Related information of legal representative, director, supervisor, senior executive of company which list into serious violation of law list, will be ruled by credit supervision and management system, related qualification will be under restrictions, could not act as director, supervisor and other senior executive include manager, vice-manager, finance employee in charge, secretary of the board in other commercial subject.
10. How to do if company is list into exception list because didn’t supply annual report?
A:Please order our license annual inspection service, we will delivery your annual report to industrial and commercial bureau and publish it, apply to move out of exception list at same time.
11.Why need to renew license “3 in 1”?
A: “3 in 1” is the system our country is expand nowadays, will implementing “5 in 1” in future.“3 in 1” take the business license, organization code certificate and tax registration by national tax or local tax combine into one license, it’s easy for company to do each affairs and making up, improve the efficiency of certificate handling.
12.What is “5 in 1”,when will be implement?
A: “5 in 1” means take the business license, organization code certificate, tax registration by national tax or local tax, social insurance registration certificate and statistics registration certificate combine into one license, start to implement in all over China since Oct,2016.