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Anonymous users2024-02-07Legal analysis: After the establishment of a limited liability company, a certificate of capital contribution shall be issued to the shareholders.
Legal basis: Article 32 of the Company Law of the People's Republic of China A limited liability company shall keep a register of shareholders and record the following matters:
1) The name or title of the shareholder and the address of Kaixian;
2) the amount of capital contributed by the shareholders;
3) The number of the capital contribution certificate.
Shareholders recorded in the register of shareholders may claim to exercise their rights as shareholders in accordance with the register of shareholders.
The company shall register the names of the shareholders with the company registration authority; If there is a change in the registration items, the registration of the change of Paichang shall be handled. Where registration has not been made or the registration is changed, it must not be confronted by a third party.
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Anonymous users2024-02-06Legal stool or analysis: The main features of the capital contribution certificate are first, the capital contribution certificate is non-equity**. That is, the shareholder's right to disturb the shareholder is not created by the capital contribution certificate, and the shareholder's shareholder right is ** from the shareholder's capital contribution, and the capital contribution certificate only records and reflects the objective status of the shareholder's capital contribution, so it is different from the equity ** with the right to be created.
Second, the capital contribution certificate is an essential form**. That is, the preparation and recording of the capital contribution certificate must be carried out in a legal manner. Thirdly, the certificate of capital contribution is valuable**.
The capital contribution certificate is an important document for shareholders to enjoy shareholder rights.
Legal basis: Company Law of the People's Republic of China
Article 32 After the establishment of a limited liability company, it shall issue a certificate of capital contribution to the shareholders.
Article 74 After the transfer of the equity of Zao Li Wu, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and amend the articles of association and the register of shareholders accordingly regarding the shareholders and their capital contributions.
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Anonymous users2024-02-05Certificate of capital contributionLegal basisThe main provisions of the Company Law are: 1. After the establishment of a limited liability company, a certificate of capital contribution shall be issued to the shareholders; 2. After the transfer of equity, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and amend the articles of association and the register of shareholders related to the shareholders and their capital contributions accordingly. Therefore, it is a right and obligation conferred by the Company Law for a limited liability company to issue a capital contribution certificate to shareholders, and the capital contribution certificate is not a legal company management procedure, which must be followed in accordance with the law.
Legal basis
Article 31 of the Company Law: After the establishment of a limited liability company, a capital contribution certificate shall be issued to the shareholders. The certificate of capital contribution shall contain the following matters: (1) the name of the company; (2) the date of establishment of the company; (3) The registered capital of the company; (4) The name of the shareholder, the amount of capital contribution paid and the date of capital contribution; (5) The number and date of issuance of the capital contribution certificate.
The certificate of capital contribution is stamped by Wang Chun Company. Article 27 The method of capital contribution may be made by shareholders 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 the 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 capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued.
Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
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Anonymous users2024-02-04The legal basis for the certificate of capital contribution is that after the establishment of a limited liability company, a certificate of capital contribution shall be issued to the shareholders, and the certificate of capital contribution shall be stamped by the company. After the transfer of equity, the company shall cancel the capital contribution certificate of the original shareholder and issue the capital contribution certificate to the new shareholder. Article 73 of the Company Law of the People's Republic of China After the transfer of equity in accordance with Articles 71 and 72 of this Law, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and accordingly amend the articles of association and the record of the shareholder and the amount of capital contribution in the register of shareholders.
Such amendments to the Articles of Association do not need to be voted on by the shareholders' meeting. Article 72 of the Company Law of the People's Republic of China stipulates that when a people's court transfers a shareholder's equity in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of the notice issued by the people's court, they shall be deemed to have waived the right of pre-emption.
Article 31 of the Company Law of the People's Republic of China stipulates that after a limited liability company is established, it shall issue a certificate of capital contribution to the shareholders. The certificate of capital contribution shall contain the following matters: (1) The name of the company; (2) the date of establishment of the company; (3) Where is the registered capital of the company; (4) The name of the shareholder, the amount of capital contribution paid and the date of capital contribution; (5) The number and date of issuance of the capital contribution certificate.
The capital contribution certificate is stamped by the company. Article 71 of the Company Law of the People's Republic of China stipulates that shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the 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. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal.
If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer. Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.
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Anonymous users2024-02-03The legal basis for the capital contribution certificate is mainly the provisions of the Company Law: 1. After the establishment of a limited liability company, the capital contribution certificate shall be issued to the shareholders; 2. After the transfer of equity, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, read and amend the articles of association and the register of shareholders related to the shareholders and their capital contributions accordingly. Therefore, the issuance of a capital contribution certificate by a limited liability company to shareholders is a right and obligation conferred by the Public Investigation and High Imitation Justice, and the capital contribution certificate is not a legal company management procedure, which must be done in accordance with the law.
Legal basis] Article 31 of the Company Law: After the establishment of a limited liability company, a capital contribution certificate shall be issued to the shareholders. The certificate of capital contribution shall contain the following matters: (1) The name of the company; (2) the date of establishment of the company; (3) The registered capital of the company; (4) The name of the shareholder, the amount of capital contribution paid and the date of capital contribution; (5) The number and date of issuance of the capital contribution certificate.
The capital contribution certificate is stamped by the company. Article 27 Shareholders may make capital contributions in monetary terms, or they may make capital contributions 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 the 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 property shall not be overvalued or undervalued.
Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
It can be up to the patriarch to decide.
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