1、 Can bank borrowings become registered capital ?
It can become the registered capital. In most cases, the registered capital of the company is the capital contribution subscribed by all shareholders. Then, the registered capital is the responsibility of shareholders and has nothing to do with the size of the company. The company's borrowing is related to the company's property size. Therefore, there is no direct relationship between the registered capital and the company's borrowings.
Registered capital is the total amount of capital registered by the joint venture with the registration authority Is the total amount of capital contributions that have been paid by the parties to the joint venture or that the joint venturer has promised to pay. China's laws and regulations stipulate that before the establishment of a joint venture, the registered capital of the venture, the amount and proportion of capital contributions of the parties to the venture, the proportion of profit distribution and loss sharing must be specified in the joint venture contract and articles of association and registered with the registration authority.
2、 Minimum Registered Capital of the Company Law
After the implementation of the new Company Law in 2006, the minimum registered capital of a registered company is:
1. The minimum registered capital of a limited liability company is 30000 yuan - Article 26 of the new Company Law
2. The minimum registered capital of a one person limited liability company is 100000 yuan, and the shareholders shall pay their capital contributions in full at one time - Articles 59-64 of the new Company Law
3. The minimum registered capital of a joint stock limited company is 5 million yuan - Article 81 of the new Company Law
After the amendment of the Company Law in 2006, the provisions on distinguishing the minimum registered capital according to the company's business content were cancelled, the minimum registered capital of a limited liability company was reduced from 100000 to 500000 yuan to 30000 yuan, and the minimum registered capital of a joint stock limited company was reduced from 10 million yuan to 5 million yuan. It does not adopt the authorized capital system, but allows the capital of both companies to be paid in installments instead of being paid in full at one time. It only requires that the initial capital contribution of all shareholders should not be less than 20% of the registered capital (the initial capital contribution should not be less than the minimum registered capital), and the rest must be paid in two years, of which the investment company can pay in five years. In 2014, the new Company Law changed the paid in capital verification system to the approval system, and only 27 financial related enterprises still need to verify their registered capital.
In terms of the proportion structure of capital contribution, firstly, industrial property rights are extended to the whole intellectual property rights; secondly, the restrictions on the proportion of capital contribution of intangible property are removed, and only the amount of monetary capital contribution is stipulated not to be less than the registered capital 30%, the more important modification is to fundamentally change the legislative way of shareholder investment, replacing the original mechanical and solid comprehensive enumeration provisions with an elastic abstract standard "non monetary property that can be valued in currency and transferred according to law", which not only substantially expands the scope of shareholder investment, but also makes full use of various investment resources and social wealth, Maximize the investment needs of shareholders and the company.
China's law is very clear about the identification of registered capital. However, as the law stipulates that the registered capital does not need to be paid immediately, bank loans can be used for registered capital, but relevant cases must be filed with the industrial and commercial administration department to avoid legal liability due to illegal acts.
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