Now, with the development of society, more and more people start their own businesses, but one thing they should pay attention to is the real name certification of enterprises. This is a thing that every company must do now, so. If we are legal persons, how to do this real name authentication. Friends who start a company for the first time must be unfamiliar with this aspect.
After ensuring that the establishment conditions are met, the founders can bring all relevant materials to the company registration authority for real name registration at the beginning of the establishment of the company. Then, according to the regulations, what is the process for the company legal person to do real name registration? From the perspective of legal provisions, what are the methods of establishing a company as a legal person?
1、 What is the process for a company legal person to do real name registration?
When handling the real identity information registration, the unit user shall show one of the following valid certificates, show the valid certificate of the handler, and provide the unit's power of attorney: organization code certificate; Business license; Certificate of legal person of public institution or registration certificate of legal person of social organization; Other valid certificates or supporting documents stipulated by laws, administrative regulations and the state.
2、 How many ways are legal persons established?
There are three ways to establish legal persons according to China's laws:
1. The establishment of commandism is established in accordance with laws, decrees and administrative orders, and obtains the status of a legal person from the date of establishment. This establishment method is applicable to organ legal persons or state-owned institution legal persons.
2. Registration is established. The social organization legal person and enterprise legal person to be registered shall be established when the registration procedure is completed.
3. Established in accordance with regulations and articles of association, that is, the state stipulates the conditions and procedures for the establishment of a legal person in accordance with laws or unified articles of association. Any group that meets the conditions and meets the procedures shall obtain the status of a legal person. This procedure is mainly applicable to trade unions, women's federations and other people's organizations.
(1) Established according to law
Legal establishment refers to the establishment in accordance with the current laws, including the legitimacy of the establishment procedure and the legitimacy of the organization after the establishment. China's corporate enterprises must be established in accordance with the company law of the people's Republic of China before they can obtain the status of legal person.
(2) Have independent property
Legal person enterprise has independent property, which is the material basis for it to participate in economic activities, enjoy civil rights and bear civil liability as a civil subject. A legal person enterprise shall have a total amount of property consistent with its business scope and scale.
(3) It has its own name, organization and place
The name of a legal person is the name of the legal person and a sign that distinguishes it from other legal persons. An enterprise legal person is an economic organization. An organization must have an orderly organizational structure in order to give full play to its functions. The place of an enterprise as a legal person is the place where the enterprise produces and operates, and it is also the residence of the enterprise as a civil subject. An enterprise as a legal person must have a place. First, it is necessary for production and business activities. Second, it is conducive to the state's supervision and management of enterprises.
(4) Must bear civil liability independently
This condition includes three meanings: first, it must bear civil liability; Second, it can only be borne by itself; Third, have the ability to undertake. Whether an enterprise can bear civil liability independently is based on whether it has independent property. Corporate enterprises are invested by multiple investors (including natural persons and other legal persons) and established according to legal procedures. The contributions of all investors form the company's independent legal person property and are separated from other non invested properties of the investors. The company independently enjoys civil rights and assumes civil liabilities with all its properties, Have the same capacity for civil rights and civil conduct as natural persons.