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Anonymous users2024-02-07I'll go, 2000 words, you leave an email and I'll give you information.
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Anonymous users2024-02-06Legal analysis: The obligation of shareholders to contribute capital refers to the delivery of property or other payment obligations by shareholders to the company in accordance with the provisions of the agreement and the provisions of the law and the articles of association. The nature of the shareholder's capital contribution obligation is both a contractual obligation and a statutory obligation.
Legal basis: Company Law of the People's Republic of China Article 27 Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. The non-monetary property used as a capital contribution shall be appraised and verified, and the rock traces shall not be overvalued or undervalued.
Where laws and administrative regulations have provisions on appraisal valuation, they shall be subject to the provisions thereof.
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Anonymous users2024-02-05Legal analysis: Shareholders shall pay in full and on time the amount of capital contributions subscribed by each of them as stipulated in the articles of association. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law.
If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, he shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.
Legal basis: Company Law of the People's Republic of China Article 28 Shareholders shall pay the amount of capital contribution subscribed by each of them as stipulated in the articles of association on time and in full. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary property is used to make filial piety contributions, the formalities for the transfer of property rights shall be handled in accordance with law.
If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, it shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.
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Anonymous users2024-02-04As we all know, the company's capital is composed of shareholders' capital contributions, which is the credit guarantee for the company's external debts, and shareholders should pay their capital contributions in full according to the shares they subscribed for. According to the provisions of the Company Law of the People's Republic of China, capital contribution is the basic obligation of shareholders to the company, and it is also the basis for the formation of the company's property. The obligation of shareholders to make capital contributions is of a dual nature, on the one hand, capital contribution is a contractual obligation between shareholders.
In a limited liability sales company, several persons (natural persons or legal persons) agree to jointly invest in the establishment of a company, and as a party to the contract, they should fulfill their commitments to other parties and pay capital contributions to the company according to the contract, and if they fail to perform their obligations according to the contract, they shall bear the liability for breach of contract. On the other hand, capital contribution is a legal obligation under company law. If the company fails to properly perform the statutory obligation of capital contribution, the relevant competent department may order him to make corrections, and the company's creditors may also claim that it is suspected of being destroyed within the scope of insufficient capital contribution and bear the company's debts.
Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III) stipulates that if a shareholder fails to perform or fails to fully perform its capital contribution obligations or withdraws its capital contribution, the company makes corresponding reasonable restrictions on its shareholder rights such as the right to claim for profit distribution, the right to preemptive subscription of new shares, and the right to claim for the distribution of residual property in accordance with the articles of association or the resolution of the shareholders' meeting, and the shareholder requests that the restriction be found invalid. The people's court did not support it. 2. It is proposed to set up a clause on the loss of rights of shareholders in the articles of association of the company. >>>More
Difference Between Shareholder and Contributor:
Shareholders, as the name suggests, are the people who contribute money to run the company, and the investors can be the executives in the board of directors, but not necessarily the shareholders, and the shareholders' meeting is the power organ in the company and makes substantive decisions on the management of the company >>>More
Shareholders can withdraw their capital contributions at will, because after the shareholders have made their capital contributions, the capital contributions are the property of the company. Shareholders withdraw their shares in the form of transfer of equity and, under statutory circumstances, request the company to repurchase shares at a reasonable rate. Statutory circumstances include when the company does not distribute profits to shareholders for five consecutive years, and the company has made profits for five consecutive years. >>>More
After the establishment of a company, shareholders who have already contributed capital withdraw their capital contributions by means of false financial statements, fictitious creditor-debt relationships, related party transactions, etc., which is prohibited by the Company Law. The withdrawal of capital contributions will harm the interests of the company, other shareholders of the company and the creditors of the company. 1. The liability to be borne by the companyThe company may require the shareholders who have withdrawn their capital contributions to make up their capital contributions, and the shareholders who have withdrawn their capital contributions cannot defend themselves against the statute of limitations, that is, the liability of the shareholders who have withdrawn their capital contributions to the company to make up their capital contributions is not limited by the statute of limitations. >>>More
Investors of state-owned assets enjoy the right to possess, earn, use and dispose of state-owned assets in accordance with law. For example, the state-owned asset management institution established by **** exercises the duties of an investor on the state-owned asset operator or large state-owned enterprise directly managed by ****; The state-owned asset management institution established by the local government shall exercise the duties of an investor in the operation of state-owned assets or state-owned enterprises managed by the local government. State-owned assets out. >>>More