What is a joint stock cooperative? What is a joint stock cooperative system

The joint-stock cooperative system is a cooperative economy that adopts certain practices of the joint-stock system, and is a new organizational form of the collective economy in the socialist market economy. Joint-stock cooperative enterprises are an organic combination of labor cooperation and capital cooperation. Labor cooperation is the foundation, employees work together, jointly occupy and use the means of production, share interests, share risks, implement democratic management, and enterprise decision-making reflects the will of the majority of employees.

Capital cooperation takes the form of shares, which is a condition provided by the workers for labor cooperation, and the employees are both laborers and enterprise investors. Individual shares and collective shares of employees should account for the majority of the total share capital (individual shares of employees are shares formed by employees investing in the enterprise with their own legal property. The collective shares of employees are the shares formed by the employees of the enterprise by converting their common property into shares or investing in the enterprise).

In addition, state shares and corporate shares can also be set up according to the situation. The enterprise implements a distribution method that combines distribution according to work and dividends according to shares. Joint-stock cooperative enterprises implement the system of shareholders' shareholders' meetings, which are the organs of power of the enterprises.

Most of them arise from the restructuring of rural collective economic organizations or are formed spontaneously by peasants. Compared with a corporate enterprise, although the shareholding of a joint-stock cooperative enterprise is clear, the number of shareholders exceeds the limit of 50 under the Company Law, or its capital cannot be measured financially, such as land use rights and labor shares. Generally, it is not registered in the industrial and commercial system, but is registered and established by the rural management agency.

There are also some registered economic organizations as investors, which are established in accordance with the Law on the Establishment of Companies.

Legal analysis: The joint-stock cooperative system is a new type of enterprise organization formed by the combination of the cooperative system, the combination of the labor union and the capital union of the laborers, based on the cooperative system, and the combination of the joint-stock system. The capital is mainly composed of shares, and the employees and shareholders work together to achieve the distribution according to the capital, the sharing of rights and interests, the sharing of risks, the responsibility for profits and losses, and the independent accounting of Zhongqing Fiber.

Legal basis: Company Law of the People's Republic of China Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the company's debts by selling all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

The joint-stock cooperative system is a new type of enterprise organization formed by absorbing some practices of the joint-stock system and combining the labor union and capital union of laborers on the basis of the cooperative system. The company is mainly composed of shares, and employees and shareholders work together to achieve distribution according to capital and work, equity sharing, risk sharing, self-responsibility for profits and losses, and independent accounting.

Legal basis] Article 2 of the Partnership Enterprise Law, the term "partnership enterprise" in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations in China in accordance with this Law. A general partnership is formed by general partners, and the partners are jointly and severally liable for the debts of the partnership.

Where this Law has special provisions on the form of liability of the general partner, follow those provisions. A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

Joint-stock cooperative enterprises absorb some rules of the joint-stock system, and according to the relevant laws and regulations, the rights and interests of joint-stock cooperative enterprises are shared, and the risks are jointly borne by the joint-stock cooperative enterprises. The joint-stock cooperative system can be distributed according to work or according to needs. There is no legal person to starve and slide.

Legal basis] Article 3 of the Company Law.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 4. The shareholders of the company enjoy the rights of asset acquisition, participation in major decision-making and selection of managers in accordance with the law.