We appeal the times that do poineering work at one individual person, since want to do poineering work, the problem that that should encounter above all registers a company namely, register a how old company appropriate?
Someone says law has been carried out now identify capture to make, it when make money is OK to when make money, the number can be written casually, mix for face prove oneself to others " actual strength " write be counted greatly as far as possible, 10 million, 50 million even 100 million, 200 million etc;
Also someone says to register capital is the biggest responsibility that partner should assume, should as far as possible small, yue Xiaoyue is good, the country has cancelled lowest the limitation of contributive forehead, can 1 yuan does not want 1 2.
Opinions vary, each have each reason, the person that do poineering work often is immersed in confused in.
Registering capital after all is taller better, lower still better?
When the setting registers capital, what factor should consider?
◆ noun explains: Register capital
Register capital, weigh statutory capital again, all partner that is the regulation in pointing to the business way that makes in the company or the capital stock amount of the contributive specified number that initiator knows capture certainly or subscribe, register mechanism lawfully in the company.
Registering capital is the acceptance that stipulates partner assumes finite responsibility on state law, the asset when the company can't debt of pay off company when, partner is accountability the enrollment according to acceptance debt of the rest of capital pay off. (company method is textual: The partner of finite liability company owns the contributive forehead in the limit of of capture to assume responsibility to the company with its; The partner of Inc. assumes responsibility to the company with the share in the limit of of its subscribe. Company with its total worth assumes responsibility to the debt of the company. )
Without a few people what this word says can be clear, I translate with become known word: It is you the upper part of the body in business charter in the need when registering a company that showing number.
So what does this number on business charter have to use? To others, see you have that actual strength namely (ability) can follow his amuse oneself; To yourself, it is the biggest responsibility that you want to assume to the company that create.
◆ " it is good to register capital to be jumped over greatly more " it is a hole
After new company method edits, register capital already instead identifies capture to make, do not need real pay and check endowment, it is OK to register capital to reach the designated position in capture of the fact inside affirmatory very long time, this makes the person that a lot of natural people do poineering work thinks: Anyway this money when capture is OK, somes those who register capital to register is big, can make the company appears peculiar actual strength, peculiar face, register capital so at every turn 5 million start, 10 million even the company of a few ten million is common, little imagine the person that these natural people do poineering work is to gave his to dig super large hole.
Because of the person that do poineering work the likelihood understands a fault the meaning that identifies capture, identifying capture is not not capture, however OK and current need not reach the designated position actually entirely, but this money is to want to go to sooner or later inside fill, and in case the company in running a course appeared dispute, caused lawsuit compensation, the court is to be able to want pursue and wipe out of your capital identifying capture. Know the number that capture is counted even if you want to assume responsibility.
I hear of about doing poineering work the trivial example of the group: Copartner thinks to register capital to compare bully gas at big o'clock what set, also to person sense actual strength has outer part, did a capital of 10 million to register when newly established company has not undertaken venture financing, an orgnaization wind casts the investment fund of 5 million to occupy later 10% add endowment come in calculate 1 million identify capture, capital is registered added 11 million, right now VC identifies capture 1 million real pay 5 million, of initiative copartner 10 million identify capture to register capital not to know to be rectified how really.
The individual does poineering work, it is careless root, oneself are mixed besides good idea outside the technology with good find oneself, other remain a dream; A few copartner are anxious every day, how to resolve this contributive specified number of 10 million? It is oneself dug to oneself really super large hole.
Register capital to want to set how old, resemble writing an article actually same " civil without calm law " , the standard that did not unite is OK and referenced, need is analysed according to different situation, copartner has money, otherwise should attract exterior equity to invest, have a government sector to superintend the examination of the buy before mixing, postposition, accord with adds up to client action to bid the doorsill is waited a moment, these are the elements that need a consideration.
Only the company registers early days to had planned, the financing that to the management of later period, interior equity allocation and exterior wind cast just can reduce a lot of needless troubles!
◆ registers capital common problem
1, register fund size what to distinction there is? Want to write how old can you write how old?
Answer: Above all, distinguish a bit more clearly namely first not quite, but assumed jural responsibility is different. Company laws and regulations decides: The partner of finite liability company owns the contributive forehead in the limit of of capture to assume responsibility to the company with its; The partner of Inc. assumes responsibility to the company with the share in the limit of of its subscribe. Want to write how old can you write how old? Want you to be willing to assume this risk only actually, can write at will, but the industry except that the buy before having and postposition examine and approve a requirement.
2, register capital and pay tax what concerns?
Answer: Register capital and pay tax to did not concern. The legal responsibility size that registers fund size to decide partner wants to assume, paying tax is a basis company turnover and profit wait index a moment to come according to regulation of national tax law calculative. If must say to matter, that registers capital to want pay stamp tax namely.
3, register capital and fact to control capital what distinction?
Answer: Registering capital is company method concept, solid controlling capital is the concept in accounting standard. Company laws and regulations registers capital surely can be to identify capture to make, but only what real pay kept shareholder register capital (register fund) , just can be thought truly on the accountant " solid control capital " .
4, how much can registering capital minimum be? Highest and OK how much be?
Answer: Company method cancelled to identify capture to register the lowermost limitation of capital, theoretic place says " a yuan of company " can exist, at the same time highest also do not have limitation.
5, register capital and enterprise dimensions what concerns?
Answer: Without too big concern. You register the company of 100 thousand, enterprise dimensions also can be accomplished 10 million; Register a company of 5 million, run the deficit company of 500 thousand likely also.
◆ registration book capital wants the element of the consideration
Wrote so much, so how much to register capital to be rectified to suit quite after all? Individual proposal must have matched him current capital ability may anticipate capital ability, want to consider a factor at the same time:
1, the buy before considering trade demand and government sector, postposition examines and approve a regulation.
Some industries (like real estate) investment of need early days is larger the cash in perhaps running a course flows bigger, so register capital to want relatively some more, conversely, it is OK to register capital a few less.
If what be engaged in the buy before the industry has what the government sector sets, postposition is examined and approve, the amount size that must notice to register capital should be accorded with examine and approve a requirement, for instance you should do national SP (for instance the short message acts as agent) , register capital to be about to beg 10 million above.
2, the client that consideration future confronts reachs management characteristic
The client that some companies confront may be big company or government, normally big company or government are purchased below this kind of circumstance need to make public invite public bidding, general meeting asks to bid the enrollment of the unit capital not less than a certain standard, be like not under 1 million yuan, 10 million etc, so when this kind enterprise is established, be about to will register capital to raise this doorsill above.
Often see this kind of enterprise registers capital to set for 1.01 million, 10.01 million etc. And the client of some enterprises more it is to face an individual, medicinal powder door with medium and small businesses, register capital to appear so not important to managing at this moment! .
3, the demand of the size that considers project investment and exterior equity financing
If be a subentry, and also do not involve the wind of later period cast equity financing, this kind of case is simpler: It is OK to register capital to set the largest investment for you. For example: Partnership of A, B establishs a company, a gives money, investment is occupied 100 thousand yuan 40% , b more exerting oneself, investment is occupied 60 thousand yuan 60% . The proposal below this case registers capital to set it is 100 thousand yuan, such A identify capture 40 thousand real pay 100 thousand, b identifies capture 60 thousand real pay 60 thousand.
If virgin copartner own reserves is insufficient, the exterior wind that and anticipate also needs one round one round casts equity financing, this kind of circumstance suggests to want the oneself according to father setting of real fund actual strength registers capital, be sure to notice to never go after bigger enrollment capital.
Laws and regulations of ◆ active law
" the company registers capital to register management to set "
The 2nd
The enrollment of finite liability company the contributive specified number that all partner that capital registers lawfully to mechanism is registered in the company knows capture. Inc. is adopted initiate those who establish means, the capital stock amount of all initiator subscribe that registers capital to be registered lawfully to mechanism is registered in the company. Inc. adopts collect to establish means, the fact that registers capital to be registered lawfully to mechanism is registered in the company receives capital stock total. Law, administrative regulations and company of regulation of decision of the State Council register capital to execute real pay, register capital to be partner or the contributive specified number of initiator real pay is true perhaps receive capital stock total.
The 5th
Partner or initiator can use a money contributive, the evaluate of blame money worth that also can wait to be able to use monetary rate and can be made over lawfully with access of objective, intellectual property, land is contributive. Partner or initiator is not gotten with full name of service, credence, natural person, business praise, concessionary right of administration or the evaluate such as the belongings that set assures is contributive.
The 8th
Partner or initiator ought to the name with oneself is contributive.
The 9th
The enrollment of the company capital is set by company rules, the mechanism that register gives according to company rules provision register. The enrollment of the Inc. that establishs with collect means capital ought to check of experience endowment orgnaization endowment. The company registers capital happening change, ought to revise company constitution and apply for to deal with change to register lawfully to the firm office that register.
◆ " company method "
The 3rd
The company is legal entity, have independent legal person property, enjoy property right of legal person money. Company with its total worth assumes responsibility to the debt of the company. The partner of finite liability company owns the contributive forehead in the limit of of capture to assume responsibility to the company with its; The partner of Inc. assumes responsibility to the company with the share in the limit of of its subscribe. (because all joint-stock company all must be a burden the limited company of finite responsibility (but be not all limited company is joint-stock company) , close commonly so say " Inc. " . )
The 24th, the 78th
Finite liability company by 50 the following partner is contributive establish. Establish Inc. , ought to have 2 people above initiator is under 200 people, the initiator that must have above of half the number among them has dwelling place in Chinese churchyard.
The 44th, the 108th
Finite liability company sets a board of directors, its member comes for 3 people 13 people; Inc. sets a board of directors, its member comes for 5 people 19 people.
Fiftieth 8
A natural person can invest only create an one person finite liability company. Finite liability company cannot invest this one person create new one person finite liability company. (one person is finite liability company, it is to point to have shareholder of a natural person only or the finite liability company of partner of a legal person. )
The 62nd
Finite liability company ought to be in one person weave financial accounting reports when cease of each financial year, and audit of classics accountant office.
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