Whether the capital can be increased after the equity is frozen, and whether the enterprise whose eq

If the equity is frozen, its shareholder qualifications and shareholder rights still exist, but the right to dispose of the frozen equity is restricted. Therefore, the company can introduce new shareholders by increasing capital and shares.

The so-called equity freezing generally only restricts the transfer of equity, and does not affect the normal operation of the company, nor does it affect other rights of shareholders, and from a legal point of view, the capital increase does not have a reduced impact on the value of the frozen equity, from this point of view, it should be possible.

Shareholders' Rights:

1. The equity enjoyed by shareholders based on capital contribution is a bundle of rights that integrates multiple rights. It is composed of self-benefit rights and common benefit rights. The so-called self-benefit right refers to the right exercised by shareholders exclusively for their own interests, mainly including the right to investment income, the right to distribute residual property, and the right to subscribe for new shares.

Common benefit rights refer to the rights exercised by shareholders for their own interests and the interests of the company at the same time, mainly including the right to make proposals, voting rights, etc.

2. The freezing of equity is mainly to restrict shareholders from obtaining income (receiving dividends or bonuses) from the company and disposing of equity (equity transfer or equity pledge), so as to prevent improper loss of equity income and achieve the purpose of property preservation.

3. The freezing of equity does not negate the qualification of shareholders. There is also no need to restrict the exercise of common benefit rights by shareholders. Shareholders can exercise the right of common benefit normally based on their status as shareholders.

4. It can be seen that during the freezing period of the court, shareholders can still exercise the right of common benefit (the right to convene the general meeting of shareholders, the right to vote, the right to participate, the right to elect and be elected, the right to know, the right to litigate on behalf of shareholders, etc.); In addition, the right to subscribe for new shares in the self-benefit right does not fall within the scope of freezing, and shareholders can still try the new share subscription right in the self-benefit right if the equity is frozen.

Summary. The industrial and commercial department is the company's equity increase and share expansion of the publicity registration department, for the equity freeze, whether the capital can still be increased, the industrial and commercial department through the "State Administration for Industry and Commerce on the shareholders who have not been frozen equity can increase the amount of capital contribution, the company to increase the registered capital of the reply opinions" (industrial and commercial law word 2011 No. 188) expressed its views, "freezing a shareholder's equity in the company, does not constitute a restriction on the company and other shareholders to increase capital and shares. There are no prohibitions on the increase of capital contributions by other shareholders or the increase of registered capital of a company with partial equity freeze and the relevant laws and regulations on civil enforcement.

Therefore, under the premise that there is no prohibition in the law, the company registration authority shall accept and approve the application according to the application. ”

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The industrial and commercial department is the company's equity capital increase and share expansion of the publicity and registration department, for the equity freeze, whether the capital can still be increased, the industrial and commercial department through the "State Administration for Industry and Commerce on the shareholders who have not been frozen equity can increase the amount of capital contribution, the company to increase the registered capital of the reply opinions" (industrial and commercial law word 2011 No. 188) expressed its views, "the freezing of a rough list of shareholders in the company's equity, does not constitute a restriction on the company and other shareholders to increase capital and shares. There are no prohibitions on the increase of capital contributions by other shareholders or the increase of registered capital of a company with partial equity freeze and the relevant laws and regulations on civil enforcement. Therefore, in the absence of a prohibition in the law, the company registration authority shall accept and approve the application according to the notice.

After the wholly-owned subsidiary was frozen by the court's Bi Chun equity! This subsidiary accompanied Huichen to increase the capital of another company that did not have paid-in registered Luchan capital funds! It's a fifty-year subscription!

This subsidiary has a paid-in capital of 5 million yuan! Equity freeze by the court! This company found a company to increase its capital by 50 million yuan, which is a subscription system!

Is it legal! Civil acts that are not prohibited by this law are lawful.

The head office owes me more than 30 million yuan! Insolvency、My equity in this wholly-owned subsidiary is frozen through the court! This subsidiary is coming to make a capital increase!

It used to be 100%, but now it's 9% equity, so what should I do? Can I freeze a subsidiary's account?

This is a complex issue that requires a lawyer to handle it well, and now that the subsidiary and the head office are independent, it is difficult to enforce the freeze.

100% of the company's shares were frozen! Laws and regulations stipulate that it is not possible to increase capital externally?

There is no law that says that it cannot be value-added, so it can; Freedom is not prohibited by law.

One hundred out of one hundred shares are frozen! Carry out external capital increase and it is a subscription investment! Does it work?

This one works.

If it really works! The company doesn't need to go bankrupt! This method of capital increase can be used to avoid external debt problems.

Hello, it is not up to me to decide whether it is valid or not, I can only give you legal advice.

Whether the capital increase and share expansion can be handled shall be comprehensively considered whether it will affect the realization of the creditor's rights of the applicant for enforcement. Specifically, it can be summarized as whether the two core factors of equity net asset valuation (including the company's assets, operating conditions and the liquidity of shares, etc.) and equity control valuation (the management rights, participation rights, voting rights and other shareholders' common differences and benefits corresponding to the equity) are significantly affected.

"Capital increase and share expansion" is usually conducive to solving the company's shortage of funds, helping the company get rid of operating difficulties, and may help the company achieve profitability and increase equity value. Therefore, in this case, the judicial organ should fully analyze the real background of the company's capital increase and share expansion, solicit the opinions of creditors, and if it is indeed conducive to freezing the value appreciation of equity or improving the possibility of creditors receiving compensation, the judicial organs and industrial and commercial registration authorities should support it.

1. What materials need to be submitted for the company's capital increase.

List of materials required to increase the registered capital:

1. The original copy of the business license;

2. The original of the organization's **;

3. Original tax registration certificate;

4. Official seal, financial seal, name seal;

5. The original ID card of the legal person;

6. The original articles of association;

7. A copy of the original capital verification report;

8. Original account opening permit.

2. Precautions for the company's capital increase.

1) Precautions for monetary capital contribution.

1. When opening a temporary bank account and investing capital, it is necessary to indicate "investment funds" in the column of "Purpose, Money**, Summary and Remarks" in the bank documents.

2. Each shareholder shall invest funds according to the proportion of their subscribed capital contributions, and provide the original receipts issued by the bank.

3. Must the investor be the investor specified in the articles of association? b. Physical and intangible assets (such as trademarks, patents, non-inflated patented technologies, copyrights, land use rights, etc.).

2) Precautions for capital contribution.

1. The physical objects used for investment are owned by the investor and are not guaranteed or mortgaged.

2. If the capital is contributed with industrial property rights or non-patented technology, the shareholders or promoters shall have the ownership of it.

3. If the capital contribution is made with land use rights, the shareholders or promoters shall have the land use rights.

4. If the registered capital is made with intangible assets as the value, the proportion of the registered capital shall comply with the relevant provisions of the state. (up to 70% of the registered capital).

5. Contributions made in kind or intangible assets must be evaluated and an appraisal report shall be provided.

6. The articles of association of the company shall make provisions on the transfer of the above-mentioned capital contributions, and the transfer procedures shall be handled in accordance with the relevant provisions within six months after the establishment of the company after the investment, and shall be reported to the company registration authority for the record.

Shareholders can not do capital increase, equity is the rights and interests of shareholders to the company, the company's assets are subject to compulsory measures, does not affect the shareholders to transfer the company's equity, however, since the company's assets are seized and frozen, it is bound to affect the equity transfer.

If the assets are frozen by the court due to debts, it should involve litigation, and the court will preserve the property according to the applicant's application. The scope of property preservation is based on the applicant's application, and if the court wants to lift the preservation, the applicant may consent to the application for lifting.

1. Form of equity transfer.

There are two ways for shareholders of a limited liability company to transfer their capital contributions: one is for shareholders to transfer their equity to other existing shareholders, that is, equity transfer within the company; The second is the transfer of the shareholder's equity to other investors other than the existing shareholder, that is, the transfer of equity outside the company. There are certain differences between the two forms in terms of conditions and procedures.

1) Internal transfer of shares: The transfer of the amount of capital contribution between shareholders in accordance with the law is an internal act between shareholders, and can be legally effective by changing the articles of association, the register of shareholders and the certificate of capital contribution in accordance with the relevant provisions of the Company Law. In the event of a dispute between shareholders over rights and interests, this can be used as a basis.

2) Transfer of Hengshancong shares to a third party: When a shareholder transfers capital contribution to a third party other than a shareholder, it is a transfer to the outside of the company, and in addition to changing the articles of association, register of shareholders and relevant documents in accordance with the above provisions, it is also necessary to change the registration with the administrative authority for industry and commerce.

The second paragraph of Article 71 stipulates that "the transfer of equity by a shareholder to a person other than a shareholder shall be subject to the consent of more than half of the other shareholders." Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer.

If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. ”

The legislative starting point of this provision is: on the one hand, it is necessary to ensure that the equity transferor can transfer its capital contribution relatively freely, and on the other hand, consider the mixed nature of the capital cooperation and the human cooperation, and maintain the trust foundation between the company's shareholders as much as possible. According to this provision of the Company Law and Article 38 of the Company, the transfer of external equity must meet two practical requirements:

A majority of all shareholders agree and a resolution is made at the shareholders' meeting. This is the basic principle of the external transfer of capital contributions from a company. This principle contains the following special elements:

First, the number of votes is used as the basis for calculating voting rights. China's company system attaches more importance to the human factor of ****, so the number of people is decided, rather than the proportion of capital contribution held by shareholders as the calculation standard. Second, more than half of the shareholders other than the transferor.

Summary. The relevant legal basis compiled for you is as follows: Article 187 of the Company Law of the People's Republic of China When a limited liability company increases its registered capital, the capital contribution of shareholders subscribing to the new capital shall be implemented in accordance with the relevant provisions of this Law on the payment of capital contribution for the establishment of a limited liability company.

When the shares are issued to increase the registered capital, the shareholders subscribe for the new shares, and the relevant provisions of the payment of shares are implemented in accordance with the relevant provisions of this law.

Hello dear, happy to answer your <>

Shareholders who freeze their equity can increase their capital.

The legal analysis made by you to return imitation socks is as follows: the equity freeze can increase the capital. Under normal circumstances, the freezing of equity only restricts the transfer of equity, and does not affect the normal operation of the company, nor does it affect other rights of shareholders.

The capital increase will not have any impact on the value of the frozen equity, so the equity freeze can be increased.

The relevant legal basis for you is as follows: Article 187 of the Company Law of the People's Republic of China When a limited liability company increases its registered capital, the capital contribution of shareholders subscribing to the new capital shall be implemented in accordance with the relevant provisions of this law on the establishment of limited liability such as the payment of capital contribution by the company. When the shares are issued to increase the registered capital, the shareholders subscribe for the new shares, and the relevant provisions of the law on the establishment of shares **** and the payment of shares shall be implemented.

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Summary. Hello, in the case of frozen equity, shareholders cannot directly increase their capital. Equity freezing refers to the act of restricting part or all of the trading of a shareholder's shares for a certain period of time.

In this case, the shareholder's shares cannot be transferred, and therefore the capital cannot be increased. <>

Shareholders who freeze their shares can increase their capital.

Hello, in the case of the equity being frozen, the shareholders do not regret that Kaiji can directly increase the capital. Equity freezing refers to the act that the shareholder's shares are restricted from being divided or traded in whole for a certain period of time. In this case, the shareholder's shares cannot be transferred, and therefore the capital cannot be increased.

If shareholders do need to increase their capital, guessing can be done in other ways. For example, it can raise funds by borrowing from banks, issuing bonds, etc., and Suibi will increase the company's capital scale by increasing the front. In addition, shareholders can also wait for the equity to be unfrozen before increasing their capital. <>

Relevant information: The increase of capital needs to follow the provisions of the articles of association and the company law, and must be reviewed and approved by the general meeting of shareholders, and carried out in accordance with the prescribed procedures and standards. At the same time, increasing capital will also involve issues such as equity structure and share ratio, and it is necessary to comprehensively consider the company's actual shooting and market environment to make reasonable decisions.