The basic requirements for forming a company name in Nanyang & Enterprise Name
The enterprise name is opposite to the name of the natural person. The enterprise name is the name of the company or enterprise as a legal person. The name belongs to a This kind of legal person's personal rights cannot be transferred. It exists with the existence of the legal person and disappears with the demise of the legal person. Legal persons need to use the corporate name when participating in civil activities as civil subjects, such as signing contracts and mortgaging payments. The company name must be approved and registered before it can be obtained. The General Principles of Civil Law equate the name rights of legal persons as personal rights with the name rights of individual industrial and commercial households as property rights, and both allow transfer, which may confuse the essential difference between personal rights and property rights.
&Basic Elements
The four basic elements that constitute a company name are the name of the administrative division, trade name, industry or business characteristics, and organizational form.
The name of the administrative division refers to the name of the administrative division above the county where the enterprise is located. The administrative division name in the enterprise name can omit the words "province", "city", "county", etc., except where omission may cause misunderstanding. The names of administrative divisions of municipal districts and above the county level should be used in conjunction with the names of municipal administrative divisions, and it is not appropriate to use the names of municipal administrative divisions alone. In addition to complying with the special provisions of the "Enterprise Name Registration and Management Regulations", the name of the administrative division should be placed at the front of the enterprise name.
The font size is the core element of the company name and should consist of more than two Chinese characters. The font size in a company name is the main symbol that distinguishes a company from other companies or social organizations. In addition to complying with the special provisions of the "Enterprise Name Registration and Management Regulations"
, the font size should be placed after the administrative division and before the industry or business characteristics. A well-known name refers to an enterprise name that is well-known in a certain industry or multiple industries within a certain time and space. Enterprises have the right to independently choose their corporate names and trade names, but the trade names they choose cannot conflict with national laws and regulations, and cannot objectively cause misunderstandings and misunderstandings among the public. Generally, industry words are not allowed to be used in company names.
Company name is also a kind of social culture, which reflects the health and civilization of social culture from one aspect. Therefore, when determining the corporate name and trade name, we should consider the requirements of social spiritual civilization, and resist and oppose the use of words with colonial servitude, feudal dross, and low style as corporate trade names.
The industry or business characteristics words in the company name should specifically reflect the business scope, methods or characteristics of the company. To identify the industry or business characteristics, you can use a specific industry name according to the categories classified by the national industry classification standards, or you can use general words, but you cannot express or imply that there is a business beyond its business scope. If the business of an enterprise crosses the major categories of the national economic industry classification, it can choose a major category name or use general language to describe the industry in which the enterprise is engaged in the name. Enterprises should choose words with industry or business characteristics based on their own business conditions, and be careful to avoid blindly pursuing "big names" that are divorced from their actual business conditions.
The so-called organizational form refers to the words in the company name that reflect the company's structure and responsibility form, such as company, factory, center, store, hall, etc. At present, the names of the organizational forms of enterprises in our country are diversified. In summary, they can be divided into two categories: company type. The name of a company established in accordance with the "Company Law" must be marked with the words "limited liability company" or "joint stock company". "Limited liability company" can also be referred to as "limited company". General enterprise category. Enterprises established in accordance with the "Enterprise Legal Person Registration and Management Regulations" have various organizational forms in their names, such as "center", "store", "field", "city", etc. Organizational forms generally cannot be used together or mixed. Some internationally common forms, such as &&&&&Factory Co., Ltd.&r&&&&&Center Co., Ltd., etc., should be allowed to be used.
Is it illegal for a shell company in Nanyang in 2018? The legal characteristics of a shell company
, Directors have never been appointed
, The official seal, stock certificate and other documents required by law have been prepared
The business has never been started. Therefore, the buyer only needs to provide the required documents and can use them immediately without worrying about hidden risks. .
Precautions for the transfer of shell companies
You need to be cautious in company transfers, especially the transfer of company equity that evacuates registered capital or makes false contributions to registered capital, which may put you in trouble. More trouble.
Article 1 of the Supreme Court's "Regulations on Several Issues Concerning the Enforcement Work of People's Courts (Trial)" stipulates: "The person subject to execution has no property to repay debts. If its founding unit invests in the registered capital when it was founded, If the registered capital is false or the registered capital is evaded, the company may be ruled to change or add its business unit as the person subject to execution. If the registered capital is false or the registered capital is evaded, the person applying for execution shall bear responsibility.
Evading registered capital is not only a civil violation, but may also constitute a criminal offence. According to Article 159 of my country's Criminal Law, if a company's promoters or shareholders violate the provisions of the Company Law and evade their capital contributions after the company is established, if the amount is huge, the consequences are serious, or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years. Imprisonment or criminal detention, and concurrently or solely a fine of not less than 2% but not more than 10% of the amount of the escaped funds.
Are you responsible for the transfer of a shell company?
You need to be careful when transferring a company, especially the equity transfer of a company that evades the registered capital or makes an untrue contribution to the registered capital, which may cause your own losses. Get into more trouble. The Supreme Court's "Regulations on Several Issues Concerning the Enforcement Work of People's Courts (Trial)" stipulates: "The person subject to execution has no property to repay the debt. If the registered capital invested by the company when it was founded is false or the registered capital is evaded, it may be ruled to change or The founding unit is added as the party subject to execution and shall bear liability to the person applying for execution to the extent that the registered capital is false or the registered capital is evaded. &r
Evading registered capital is not only a civil violation, but may also constitute a criminal offence. According to Article 159 of my country's Criminal Law, if a company's promoters or shareholders violate the provisions of the Company Law and evade their capital contributions after the company is established, if the amount is huge, the consequences are serious, or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years. Imprisonment or criminal detention, and concurrently or solely a fine of not less than 2% but not more than 10% of the amount of the escaped funds.
The general company registration process and name verification in Nanyang: Go to the Industrial and Commercial Bureau to get an "Enterprise (trade name) name pre-approval application form", fill in the name of the company you plan to get, and the Industrial and Commercial Bureau will go online (Intranet of the Industrial and Commercial Bureau) Search whether there is a duplicate name. If there is no duplicate name, you can use this name, and an "Enterprise (trade name) name pre-approval notice" will be issued.
. Rent: rent an office in a specialized office building. After renting a house, you must sign a rental contract and file it with the Housing Authority.
, Writing & Articles of Association: Articles of Association need to be signed by all shareholders.
. Engrave a private seal: (all shareholders) go to the street where seals are carved to engrave a private seal and tell them to engrave a corporate private seal (square).
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, stamped by the accounting firm).
Company registration: 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), director and manager supervision, legal representative registration form, designated representative or 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, and copy of the real estate certificate. The license can be collected in approximately one working day.
With your business license, go to the seal engraving company 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.
. 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, which takes several working days.
. Apply for tax registration: After receiving the license, go to the local tax bureau to apply for a tax registration certificate within a few days. Generally, companies need to apply for two types of tax registration certificates, namely national tax and local tax. When applying for a tax registration certificate, you generally must have an accountant, because one of the documents required by the tax bureau is the accounting qualification certificate and ID card. Of course, you can hire an accounting agency to do the accounting.
Go to the bank to open a basic account: Go to the bank to open a basic account with your business license, organization code certificate, and original copies of national tax and local tax.
. Apply for purchase invoices: If your company sells goods, you should go to the national tax to apply for an invoice. If it is a service company, you should go to the local tax to apply for an invoice.