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The company's articles of association are prepared within the company, and shareholders have the right to consult and copy the company's articles of association. If the company refuses, the shareholders may file a lawsuit to request access to the company's articles of association, resolutions of the shareholders' meeting or board of directors, financial and accounting reports, etc.
In the process of handling cases, we usually go to the industrial and commercial bureau to obtain the company's industrial and commercial file information, including the company's articles of association, shareholders' meeting resolutions and other materials. When a lawyer obtains information from the company's industrial and commercial files, he or she usually needs to submit to the industrial and commercial bureau an investigation letter issued by the law firm (letter of introduction from the law firm), a power of attorney issued by the shareholder, a copy of the party's ID card, a case filing certificate (notice of acceptance of the case), and a lawyer's certificate.
Legal basis: Article 33 of the latest Company Law stipulates that shareholders have the right to inspect and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of boards of supervisors and financial and accounting reports. If the company refuses to provide access, the shareholders may request the people's court to require the company to provide access.
It is recommended that shareholders first copy and consult the company's articles of association through the company's internal copy, and if the company refuses, they can obtain the company's industrial and commercial file information by entrusting a lawyer.
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You can make inquiries through the National Enterprise Credit Information Publicity System, and the query methods are as follows: 1. Search for "National Enterprise Credit Information Publicity System" through other engines, and click to enter the official website. 2. After entering the official website, it is directly the query interface.
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The articles of association of the company generally need to be retrieved from the relevant departments of the industrial and commercial bureau where the company is located.
Shareholders have the right to inspect and copy the articles of association. The law stipulates that the establishment of a company must be established in accordance with the law, and the articles of association are binding on the company's shareholders, directors, supervisors and senior managers.
The materials to be brought to the articles of association are as follows
1. Original copy of license;
2. Power of attorney issued by the company (stamped with the company's seal);
3. ID card of the entrusted person.
To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a failed share****. Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
Legal basis] Company Law of the People's Republic of China
Article 9 A limited liability company shall meet the conditions for shares as stipulated in this Law. The change of shares into a limited liability company shall meet the conditions of a limited liability company as stipulated in this law.
If a limited liability company is changed to a share ****, or a share **** is changed to a limited liability company, the creditor's rights and debts before the change of the company shall be inherited by the company after the change. Article 16 The board of directors, shareholders' meeting or general meeting of shareholders shall make a resolution in accordance with the provisions of the articles of association of the company. Where the articles of association of the company stipulate a limit on the total amount of investment or guarantee and the amount of a single investment or guarantee, it shall not exceed the prescribed limit.
If a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the general meeting of shareholders.
The shareholders provided for in the preceding paragraph, or the shareholders under the control of the actual controller provided for in the preceding paragraph, must not participate in the voting on the matters provided for in the preceding paragraph. The vote is passed by a majority of the voting rights held by the other shareholders present at the meeting. Article 18 The employees of the company shall organize trade unions in accordance with the Trade Union Law of the People's Republic of China, carry out trade union activities, and safeguard the legitimate rights and interests of employees.
The bending company shall provide the necessary conditions for the activities of the company's trade union. The labor union of the company signs a collective contract with the company on behalf of the employees on the labor remuneration, working hours, welfare, insurance, labor safety and health and other matters of the employees in accordance with the law.
In accordance with the provisions of the Constitution and relevant laws, the company implements democratic management through the workers' congress or other forms.
When the company studies and decides on major issues in restructuring and operation, and formulates important rules and regulations, it shall listen to the opinions of the company's trade union, and listen to the opinions and suggestions of employees through the workers' congress or other forms.
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The articles of association of the company need to be obtained from the relevant departments of the industrial and commercial bureau of the place where the company is registered. If the articles of association of the company are filed with the industrial and commercial bureau after they are formulated, the staff of the enterprise can check the registration files of the enterprise with the business license (the original copy is empty), the letter of introduction of the enterprise, and the ID card (work permit); The legal representative and shareholders can check the file information of the company's boarding and loss with their ID cards.
Legal basis: Article 11 of the Company Law stipulates that the articles of association must be formulated in accordance with the law to establish a company. The articles of association of the company are binding on the company, shareholders, directors, supervisors and senior management.
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1. It is necessary to go to the relevant departments of the industrial and commercial bureau where the company is registered for collection.
2. The materials that need to be brought are:
1. Original copy of license;
2. Power of attorney issued by the company (stamped with the company's seal);
3. ID card of the entrusted person.
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Legal analysis: The articles of association of the company need to be obtained from the relevant departments of the industrial and commercial bureau in the place where the company is registered. The articles of association refer to the basic documents formulated by the company in accordance with the law to stipulate the company's name, domicile, business scope, operation management system and other major matters, and are also the necessary written documents of the company to stipulate the basic rules of the company's organization and activities.
Legal basis: Article 25 of the Company Law of the People's Republic of China The articles of association of a limited liability company shall contain the following matters:
1) The name and domicile of the company;
2) The scope of the company's business through Qi Liang;
3) the registered capital of the company;
4) the name or title of the shareholder;
5) the method of capital contribution, the amount of capital contribution and the time of capital contribution of shareholders;
6) The company's organization and its formation methods, powers, and rules of procedure;
Seven high limbs) is the legal representative of the company;
8) Other matters that the shareholders' meeting deems necessary to stipulate.
Shareholders shall sign and seal the articles of association.
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The articles of association of the company mainly have the following ways to consult, the first way to consult the company's articles of association is through the official website of the company, because the official website of each company will have some institutional documents of the company for employees to consult, of course, the company's articles of association such an important document, the company's official website will of course have, but the name of the company's articles of association is different, and the others can basically be found on the company's official website. Because newcomers who have just joined the company must be unfamiliar with everything in the company, it is very convenient to go to the official website to check some relevant information documents, such as the company's articles of association.
The second way is to find the company's personnel department related colleagues to seek a paper version or electronic version of the company's articles of association, the company's personnel department will have relevant documents about the company's articles of association, so when you need this information, you can choose to directly seek the company's personnel department colleagues, which is also a more convenient way, generally for this demand, the company's personnel department colleagues will be happy to help everyone, so you just go to them for help.
The third is that if the company does not have a written articles of association, then you can find colleagues around you to understand the relevant regulations of the company, because colleagues around you must know more about the company's articles of association than we do, and you can get some helpful information from them, so when you encounter problems, you must actively seek everyone's help, which will solve the problem quickly.
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1. It is necessary to go to the relevant departments of the industrial and commercial bureau where the company is registered for collection.
2. The materials that need to be brought are:
1. Original copy of license;
2. Power of attorney issued by the company (stamped with the company's seal);
3. ID card of the entrusted person.
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Analysis of the law of jujube fiber: to go to the industrial and commercial bureau to obtain the articles of association of the company, the materials that need to be brought are: 1. The original copy of the license 2, the power of attorney issued by the company (stamped with the company's seal) 3, and the ID card of the entrusted person.
Legal basis: Article 79 of the Company Law of the People's Republic of China The promoter of the company shall undertake the preparatory affairs of the company. The promoters should sign the promoter agreement to clarify their respective rights and obligations in the process of establishing the company.
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Take a copy, official seal and business license to the local industrial and commercial department, and in some places you may also need a letter of introduction from the company. The articles of association belong to the corporate book file, which is what we often call the internal file. This corresponds to the advisory report (i.e. the external file).
Internal files belong to the internal information of the enterprise and are not disclosed to the public, so only lawyers and public prosecutors can investigate in accordance with the law.
For lawyers, if you want to inquire about the internal documents of the enterprise, you need to bring the power of attorney, lawyer's certificate, and letter of introduction from the law firm, and some industrial and commercial bureaus need a notice of case filing and acceptance from the court.
The articles of association of the company have the basic characteristics of legality, authenticity, autonomy and openness. The articles of association, like the Companies Act, share the responsibility for regulating the activities of the company. As the basic principle of the company's organization and behavior, the articles of association of the company are of great significance to the establishment and operation of the company, which is not only the foundation of the company's establishment, but also the soul of the company's survival.
The articles of association of the company are one of the necessary conditions for the establishment of the company and are the indispensable legal documents of the company. The articles of association of the company shall have the force of law and shall be binding on the company, shareholders, directors, supervisors and senior management. This provision is mandatory and may not be excluded in any way.
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Requirements for inquiry of enterprise registration files: 1. Public, procuratorial and legal organs at all levels, audit institutions and other party, government and military organs shall hold letters of introduction (official letters) and work certificates of inquiry personnel. 2. With a letter of introduction, business license (original copy), ID card (work permit), and official seal, you can check the company's enterprise registration files.
However, the requirements of the local industrial and commercial bureaus are different, Xiamen only needs to provide a copy of the lawyer's certificate and a letter of introduction from the law firm, and some areas must also provide a notice of acceptance of the lawsuit of the enterprise to be investigated.
The materials that need to be brought are: the original copy of the license, the power of attorney issued by the company (stamped with the company's seal) and the ID card of the entrusted person.
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You can bring the company's business license and official seal to the industrial and commercial bureau where the company is registered to apply for inquiry and printing of company file information, which contains the content of the articles of association.
Generally, this printing should go to the archives of the Industrial and Commercial Bureau, not the industrial and commercial business window.
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The company's articles of association can be consulted by shareholders, and others need to entrust a lawyer to go to the industrial and commercial bureau to inquire or have a court investigation letter if they need to, otherwise, other industrial and commercial bureaus generally refuse to give you an inquiry.
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