Millions of people, especially young people, are currently thinking of establishing a company that is at the required level and level according to the available capabilities, in an attempt to reach the dream that they want and reach the “ladder of glory”. Before starting to take the company’s construction procedures, they must determine the level and legal form available The company to be established.
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Most of the young people coming to establish a company fall into the problematic steps of establishing that company in terms of procedures, documents, required papers and the type of companies made available by the legislator, with the multiplicity of forms of companies, especially the issuance of the new investment law, No. 72 of 2017, which repealed Law No. 8 of 1997.
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In the next report, “The Seventh Day” highlights the types of companies, whether the companies of persons or other companies, the procedures and steps of incorporation, either through the headquarters of the General Investment Authority or through incorporation via the website specified by the legislator, registration fees, and the required papers in the Chamber of Commerce, The papers required to obtain the tax card – according to legal expert and lawyer of cassation Ashraf Said Farhat.
Initially, the issue of the steps to start a company for investors, especially young people, became very easy, especially with the issuance of the new investment law, No. 72 of 2017, which in turn repealed Law No. 8 of 1997, as the new law became a mixture of customs exemptions and incentives, Besides many methods and guarantees that will protect the investor.
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The legislator has determined two ways to establish your company as a young or a novice investor. The first of these steps is to go to the headquarters of the General Authority for Investment in Salah Salam Street in Nasr City, and formally start from there the journey of establishing your company, while the second method is to establish via the website, which is defined by the legislator as represented In the revolution after its launch of the foundation service electronically – according to “Farhat”.
First: Establishing a company from the headquarters of the authority
The young person or the investor goes inside the investment services complex, then goes to an administration called “establishment management”, which is known to all workers in the building, then moves to the information unit, which is a unit inside the building that is directly concerned with providing the young person or investor who wants to establish a company with all the required procedures , Receiving a form to write the required data for the company, and specifying the name, purpose, and type of company.
No confusion certificate
Meanwhile – the young man or the investor goes to the first floor inside the building to obtain what is called a “certificate of ambiguity”, which is a testimony of reassurance and to ensure that it does not matter, the most important of which is not the conflict of company names or the repetition of his trademark, so that if there is confusion in the presence of a name For a company that has been chosen before, a “statement” will be made under another name for the company, and an urgent lack of confusion will be given to the name.
Establishment 2
After these steps – the young person or the investor goes to prepare the documents and papers required from the certificate represented in: “Accountant’s Certificate – Founders’ Birth Certificates – Agencies of Partners ”and other matters that we will address in detail at a later time, then go to the audit department inside the building, which in turn By refuting and reviewing the required papers, and verifying their authenticity with the specified procedures, knowing that there are a number of bank branches inside the building that enable the investor to obtain a bank certificate, and after completing the previous steps, the young person or investor has completely finished establishing a company and obtaining the registration requestThe commercial register, and allows the Ministry of Investment extraction tax card from inside the building.
Establishing an electronic company
While if the investor wants to establish a company electronically, the executive regulations of the Egyptian Investment Law No. 72 of 2017 specify the steps to be followed for those who want to start new companies in 5 steps as follows:
The first step: The regulation made clear in Article 32 of Chapter Three regarding the establishment of companies in Chapter Three, that those who wish to establish companies must create an account on the electronic portal of the General Authority for Investment, and through it obtain electronic incorporation services.
The second step: and then completing the founding form, which determines the form and legal system subject to it, and all the data and documents necessary to obtain the service.
The third step: The application for incorporation is submitted electronically or to complete all amendments, if any, and the regulations are specified.
Fourth Step: Paying the establishment fees electronically in one payment to the account of the parties connected to providing the establishment services, and beyond.
The fifth step: is the electronic signature on all forms, and the authority expresses its opinion in approving the name of the company when submitting the application for incorporation.
Establishment of an individual facility
As for the establishment of the individual establishment – the process of establishing the individual establishment takes place in accordance with the provisions of Law No. 72 of 2017 only, and such companies undertake one or more activities stipulated in Article 1 of the law mentioned in the terms and conditions prescribed for each activity, and the individual establishment creates one natural person On his own, and in the rule of law, he is considered a merchant, and the minimum capital of the individual establishment is one hundred thousand Egyptian pounds.
As for the procedures for establishing companies of persons, they are divided into:
Solidarity and limited partnership companies According to the law of 1883, there is no minimum capital and the number of partners in it is at least “two” partners.
Solidarity companies: All their partners must be joint partners, and simple recommendation companies require the presence of at least one joint partner and the rest are recommended.
The recommended partner in people’s companies has a number of advantages:
The investor does not pay the debts of the company from his own money if it goes bankrupt.
In the event that the company loses, it will lose only the value of its stake in it.
– He is not described as a merchant. If he declares bankruptcy, the company is not affected by bankruptcy.
The recommended partner is under 18 years of age.
The test partner may perform internal management work in the company.
The responsibility of the joint partner in the companies of persons
He is responsible for the company’s debts from his own funds.
– If the company goes bankrupt, it also goes bankrupt.
He is responsible for managing the company and concluding contracts with others.
Solidarity partner
Must be someone who is expert in doing business.
It is possible for him to establish a company and be joint, but his minor children are reliable partners.
– It is preferable for those who have no experience in the field of business not to establish a partnership, in order to avoid the legal responsibility of the partners.
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The steps for setting up a partnership or a limited partnership company “according to the law issued in 1883” are as follows:
1- Writing the company contract and a summary of the contract through a lawyer.
2- Go to the commercial registry office of the company’s headquarters: for legal review of the terms of the contract presented by the lawyer, and the commercial registry stamps the contract “valid for registration”.
3- He heads to the court of the company’s headquarters: for registration of the contract and its summary in the commercial registry of the court and publishing the notice board
4- The lawyer then goes to a daily newspaper for judicial announcements to publish the contract summary.
5- He goes to the Tax Office of the company headquarters to obtain the tax card.
6- He goes to the commercial room of the company’s headquarters to obtain a license to practice trade or activity.
7 – Go to the Commercial Register Office again to register the company in the commercial registry according to the previous documents, in addition to two copies of the newspaper in which the contract summary is published.
8- He goes to the social insurance office to register the company and employees.
register fees :
A relative fee for the court to be determined on the basis of capital.
Payment of stamps about 15 pounds.
– Pay in the newspaper according to the number of lines, approximately 35 pounds.
The Chamber of Commerce takes 2% of the capital, with a minimum of 24 pounds and a maximum of 2000 pounds.
Pay in the commercial registry about 64 pounds.
– Tax card and insurance without fees.
Establishment procedures
1- Writing the contract, summary and partners sign it.
2 – Marking the authority to register on contracts and summary and stamping with the seal of the commercial registry after the completion of his review at the office, taking into account the signature of one of the lawyers admitted to the pleading before the Court of First Instance and certified by his signature from the competent sub-union if the contract value is 5,000 pounds or more, and the presence of the responsible manager or his representative is required.
3- Registering with the competent court of first instance whose company center or one of its branches is located in the commercial registry by submitting the original of the contract and the original of the summary, with a stamp on each of the original contract papers and the original and a copy of it.
4- The designated employee shall mark the due registration fee, and after reviewing and paying it in the treasury of the court, he shall submit the original of the summary and a copy of it to the minutes of the minutes, to make a copy of the image on the court bulletin board, edit a record of that on the original of the summary, record it in the pen book and deliver it to the concerned person by signing it in the aforementioned book.
5- The original summary of the summary for the court employee to be registered in the record of the companies ’contracts summary, the original identification of the summary and a contract for the number with the registration date number.
6- The original contract shall be returned to the concerned party after stamping the aforementioned marking with the seal of the commercial pen.
7- The presenter of the abstract receives an official copy from him in the same ways mentioned above regarding the delivery of the true copy, and he is entitled to receive any other copies of that summary after submitting a stamped application and paying the fees due on it.
8- The responsible manager or his representative publishes the contract summary in a daily newspaper prepared for the publication of judicial announcements.
9 – This summary needs to include the names of the partners, their surnames, their characteristics and addresses, except for the partners who hold external funds for management in the recommendation companies, as well as the company address and a statement of the names of the authorized partners.
10- Submit an application to the competent tax office to issue the company tax card.
11- Registration in the Chamber of Commerce and obtaining a license to practice the profession.
12- Going with all the papers to the commercial registry office to extract the company’s commercial record.
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Paperwork
The required documents in the commercial register:
1- The original contract and a copy of the company contract.
2- Summary of the company’s contract.
3- The two newspapers containing the contract summary.
4- Chamber’s certificate for a business license.
5- Personal investigation and power of attorney.
Required papers in the Chamber of Commerce:
1- A fixed-term rental contract or the property ownership contract in which the profession or company activity will be practiced.
2- A copy of the company contract.
3- The criminal status sheet.
4- The tax card.
5- Request to obtain a certificate for practicing a profession.
6- A copy of a power of attorney.
7- A certificate from the Electricity Department to install an electricity meter and deliver a light.
The papers required to obtain the tax card:
1- A copy of the company contract
2- A copy of the rental contract with proven date or a copy of the ownership contract for the place in which the company is operating.
3- Copies of partners cards.
4- Pictures of the power of attorney.
5- Requesting a tax card and opening a tax file