To operate an off-campus training institution, the necessary licenses are the license and business license of a private school.

The school-running license is to prove that the institution has the corresponding school-running qualifications, and the business license is to prove that the institution has the corresponding legal entity qualifications. Unlike the conventional license processing process, off-campus training institutions adopt a ”pre-license" approval method, that is to say, they must obtain a school license before they can apply for a business license.

So, do you go to the education department first and then the enterprise registration department?

NoNoNo！ To apply for a school permit, it is impossible not to have the name of the institution on the certificate, right? Therefore, the first step is to take a suitable name for the training institution-this requires going to the enterprise registration department for pre-approval and registration of the name.

So how do you run, where do you run, and what materials do you hand in? In order to make the small partners clear, we have sorted out the whole process of license processing.

 

1. The overall process

The requirements and materials for license processing vary from place to place, but the overall steps are basically the same, as shown in the figure below.：

However, the law stipulates that “if you have the conditions for running a school, you can apply for the direct establishment of a training institution.” That is to say, if you meet the conditions, you can submit the materials for the two steps of preparation and formal establishment together. There is no need to go through two procedures. Some provinces and cities have also opened corresponding “green channels” in this regard. For example, the joint application process for “school permit + business license” is opened. Applicants only need to submit all materials to one of the departments, and there is no need to run two departments. At the same time, the time limit for approval is compressed to save the applicant's processing time.

 

Second, the organizational form

According to the "Notice of the Ministry of Education of the State Administration for Industry and Commerce on the Registration and Administration of the Names of For-profit Private Schools" (Industrial and Commercial Enterprise Note [2017] No. 156), for-profit private training institutions shall be registered as limited liability companies or joint stock limited companies.

 

3. Pre-approval and registration of the name

1. Name requirements

Since the training institution must be established in the form of a company, the name of the training institution must comply with the relevant regulations of the company name, and its name composition should be: administrative division + Font size + industry characteristics + organizational form.

In addition, there are other special regulations on the name of the training institution：

(1) Generally expressed as “XX training (extracurricular training, extracurricular education, self-study, self-study, tutoring, examination tutoring, tutoring) school or center”.

(2) Expressions such as subject categories or school characteristics can be reflected. Such as: English training school.

Examples of full names: XX City XX Training School Co., Ltd., XX County XX Counseling School Co., Ltd.

(3) The registered school name, its abbreviation, specific title, etc. shall not be used as the font name, except for those who have an investment relationship or are authorized by the school and use the school's abbreviation or specific title. If the abbreviation or specific title of the school has other meanings or its meaning is unclear, it may be unauthorized.

(4) The personal name shall not be used as the font size, and laws, regulations and decisions of the State Council shall follow their provisions if they provide otherwise.

(5) The words “China”, “China”, “national”, “international”, “world”, “global”, etc. shall not be used. Where the above-mentioned words are used in the name, they shall be the qualifying language of the industry and comply with relevant national regulations.

For example, it is not allowed to be named “China XX Training School Co., Ltd.”, but if the training school specializes in teaching Chinese martial arts, it can be named “XX City XX Chinese Martial Arts Training School Co., Ltd.”.

(6) Without the approval and permission of the relevant authorities, the name must not contain “university”, “college”, “school”, “high school”, “kindergarten”, “further education”, “specialized” and other content and texts that may cause misunderstandings or cause ambiguity to the public, but engaged in related industries and used as industry-specific terms.Except for those used by others.

(7) It must not be referred to as XX school or XX center for short.

2. Name pre-approval procedure

Now the whole country has promoted the approval of enterprise names in an electronic manner throughout the process, without having to run the site. However, regarding the “Name Approval Notice” in the "pre-license", there may be different requirements from place to place. After all, the approval of the name is directly entered into the approval of the education department. The systems of the two departments are not necessarily connected. Therefore, the applicant must consult the local education department clearly before obtaining the certificate. If the required "Name Approval Notice" must be a paper version with a red seal from the enterprise registration department, thenIt is necessary to apply to the enterprise registration department on-site or by post to obtain the "Notice of Name Approval" in the form required by the education department.

 

4. School license

Requirements for the content and form of application materials vary from place to place. Before applying for a school permit, you should check the specific local regulations or consult the requirements of the local examination and approval authority in detail.

Take Guangzhou City as an example.

1. Establishment of training institutions

The application materials for the preparation stage are as follows：

2. List of materials to be submitted to complete the preparation and formally apply for the establishment of a training institution

As can be seen from the above application materials, the process of applying for a school permit may also involve relevant supporting documents approved by the fire department (for sites below 300 square meters in Guangzhou) and the environmental assessment department (for sites over 5,000 square meters in Guangzhou).

3. Processing time

(1) Statutory approval period: the preparation procedure is within 30 days; the formal establishment procedure is within 3 months.

(2) Actual approval time limit: Each county and district will generally compress the approval time limit on the basis of the statutory time limit and complete it within its promised time limit. For example, the preparation procedures for Panyu District, Guangzhou will be compressed within 15 days, and the formal establishment procedures will be compressed within 45 days. Therefore, the actual processing time is naturally shorter than the promised closing time limit of each county and district.

 

V. Business license

After obtaining a school license, it is natural to apply for a business license. The process of applying for a business license is relatively simple, especially for the establishment of a limited liability company. Many places have even achieved “instant access”-you can obtain a business license on the spot after submitting the materials.

The procedures and conditions for the establishment of a limited liability company are relatively simpler than that of a joint stock company. There is no problem with one shareholder, and the registered capital is also subscribed. Small and medium-sized training institutions can give priority to limited liability companies. So some friends are in a hurry: it will get better and better in the future. I still want to list those giants of educational institutions. What should I do? Don't worry, a limited liability company can be changed to a joint stock company. You can apply for changes directly when the time comes!

The time limit for the processing of business licenses varies from place to place, but the application materials for domestic-funded limited liability companies are roughly the same (the names of the materials vary from place to place): "Notice of Independent Declaration of Company Name", "Application for Company Registration (Filing)", pre-approval documents or license documents (This is what we finally managed to do earlier).The school license! ), the articles of association of the company, the certificate of use of the domicile (business premises), the employment documents and copies of the identity documents of directors, supervisors and managers, the main qualification certificate of all investors or the identity certificate of natural persons, the letter of commitment, etc.

However, there may be special procedures and materials in various places. For example, the version and content of the "Company Registration (Filing) Application" required to be submitted in various places may not be the same; for example, most regions now require company shareholders and legal representatives to pass real-name authentication through special channels in order to be able to complete the business license processing.

Therefore, before applying for a business license, you should still check the specific local regulations or consult the requirements of the local examination and approval authority in detail.

 

6. Other matters

1. The examination and approval authority does not charge a fee

There is no fee for the examination and approval authority for school licenses and business licenses. Therefore, small partners who find an agent to apply for licenses on their behalf should pay attention to it. Don't be gullible about the so-called “handling fees” and “labor costs” and spend money unjustly!

2. Food business license

If you want to provide catering services to students in a training institution, such as food-based brunches, you also need to apply for a food business license.

Although the food business license is a "post-license", it is a license that is applied for after obtaining a business license, but because the examination and approval authority has strict standards for the operation room, processing room and other places for catering production, if the later decoration is completed and then the certificate is obtained, it may be due to the determination by the examination and approval authority that the kitchen setting is unqualified.And other factors lead to re-layout, secondary decoration, etc., which not only increases costs, but also wastes time.

Therefore, to apply for a food business license for catering, it is best to submit the drawings and photos of the kitchen and canteen (dining area) to the food and drug approval department for review, or apply to the food and drug approval department in advance, so that the food and drug approval department can go to the site for inspection during the renovation stage of the kitchen and canteen.In this way, even if the layout and other aspects are unqualified, it can be transformed in time during the renovation stage.