1、 How to establish a joint stock limited company

one The promoters meet the legal qualification and reach the quorum.

The qualification of promoters refers to the qualification legally obtained by the promoters to establish a joint stock limited company. The promoters of a joint stock limited company may be natural persons or legal persons, provided that more than half of the promoters have domicile in China.

To establish a joint stock limited company, a quorum must be reached.

two The share capital subscribed by the promoters and publicly offered to the public has reached the statutory minimum.

A joint stock limited company must have the basic capacity for responsibility. In order to protect the interests of creditors, the establishment of a joint stock limited company must reach the statutory capital.

three The issuance of shares and the preparations for the establishment of a joint stock limited company comply with the provisions of the law and are the principles that must be followed for the establishment of a joint stock limited company.

The issuance of shares refers to the legal act of selling and raising shares for the purpose of raising company capital when a joint stock limited company is established. The issue of shares here refers to the establishment of a company. It is the act of issuing shares in order to establish a company limited by shares and raise the capital needed for the establishment of the company.

2、 The difference between a company limited by shares and a limited liability company

one The number of shareholders is different.

According to the company laws of most countries in the world, limited liability companies have the least number of shareholders two People, maximum fifty people ( There are also provisions thirty Human ) 。 Because the number of shareholders is small, it is not necessary to set up a shareholders' meeting. However, there is no limit on the number of shareholders in joint-stock companies. Some large companies have hundreds of thousands, or even millions. Unlike a limited liability company, a general meeting of shareholders must be established, which is the highest authority of the company.

two The division of capital stock is different.

The shares of a limited liability company need not be divided into equal shares, and its capital is divided according to the amount of capital contribution subscribed by shareholders. The shares of a joint stock limited company must be equal in amount, and its share capital shall be divided into smaller shares of equal amount.

three The sponsors raise funds in different ways.

A limited liability company can only raise funds from its sponsors, and cannot raise funds from the public. Its shares cannot be publicly issued, nor can they be listed for trading. However, a joint stock limited company can raise funds from the public through promotion or establishment by raising funds. Its shares can be publicly issued and listed for trading.

four The conditions and restrictions of equity transfer are different.

The shareholders of a limited liability company may freely transfer all or part of their share capital according to law ; When a shareholder transfers its share capital to someone other than the company according to law, it can only be implemented with the consent of more than half of the shareholders ; Under the same conditions as the transfer of share capital, other shareholders of the company have priority. Shares owned by shareholders of a joint stock limited company may be traded and transferred, but cannot be withdrawn.

five The degree of financial disclosure is different.

The financial status of a limited liability company only needs to be handed over to each shareholder within the time limit specified in the articles of association, and there is no need to make public announcements and keep it for future reference. The financial status is relatively confidential ; The limited liability company is difficult to operate and keep secret due to its complex establishment and regular disclosure of its financial status.

3、 What responsibilities should the promoters of a joint stock limited company bear

( one ) If the promoters of a company fail to deliver or fail to deliver on time the monetary or non monetary properties used as capital contributions, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of false capital contributions.

( two ) Where a promoter of a company withdraws his capital contribution after the establishment of the company, the company registration authority shall order him to make corrections and impose a fine of not less than 5% but not more than 15% of the capital contribution withdrawn.

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