ICorporate lawFront-line issuesWhat is it
Questions at the forefront of corporate law include, inter alia, the abolition of minimum capital systems, the introduction of contributory systems, the easing of other elements of the capital system, and questions and reflections on the contribution liability of shareholders under the contributory regime, the impact of changes in the capital system on shareholder liability, and the problems of legislative changes in the corporate capital system。
Relevant knowledge:
The company referred to in our companies act has its specific scope of application:
First, companies established in china under the companies act, based on the principle of territoriality;
Second, the organization is limited toLimited liability companiesAndIncThe legislation does not provide for other forms of corporate organization and in practice it does not allow for their establishment。
Limited liability companies
Concept: refers to corporate legal persons established under corporate law with the co-financing of all shareholders, each of whom is liable to the company up to the amount of its contribution and which are liable to the company for its debts with all its assets。
Features:
1) the number of shareholders in a limited liability company must be limited to less than 50;
2) the shareholders have limited property liability to the company up to the amount of their contribution;
3) limited liability companies not publicly raise capital;
The new companies act (figure 1) 4) is large, small and adaptable;
5) the procedure for setting up companies is simple and organizationally flexible
Conditions for establishment:
1) number of shareholders meeting the quorum;
2) shareholders contribute up to the statutory minimum capital of 30,000 yuan;
3) joint establishment of the company's charter by shareholders;
4) the name of the company and the establishment of an organization meeting the requirements of the limited liability company;
5) has a company residence。
Funding: monetary; in-kind; intellectual property; land tenure。
Inc
Concept: refers to the corporate legal person established by law with an equal share of its total capital, which is raised by issuing shares, the shareholders are liable to the company to the extent of their shares, and the company is liable for the company's debts with all its assets。
Features:
1) limited number of founders, 2 200
2) company's share of capital, known as shares
3) shares issued as shares
4) s. E. C. Is generally large and typical of joint ventures and complex in the procedure for their establishment。
Conditions for establishment:
1) the initiator meets the quorum;
2) the sponsors subscribe to and raise equity up to the statutory minimum capital;
3) the issue and organization of shares is in accordance with the law;
4) the founders prepared the charter of the company, which was established by the founding assembly on a collection basis;
5) the name of the company and the establishment of an organisation which meets the requirements of the corporation;
6) having a company residence
In conclusion, company law has also been tested for long periods of market time since its enactment, but at the same time it has revealed a number of temporary difficulties in resolving these cutting-edge issues that will be refined by continuous changes and will be judged by both corporate law scholars and legislators on relevant issues and on the actual market。
