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New "Company Law" will be implemented on July 1,Let's look at the highlights together & rarr;
Upload time:2024-06-27 Source of information:This site

December 29, 2023,The Seventh Meeting of the Standing Committee of the 14th National People's Congress was revised and passed the "Company Law of the People's Republic of China",Starting from July 1, 2024。

Company Law is the basic law of the socialist market economy system,So what are the highlights of this newly revised company method? Learn together。

Improve the company's capital system

1. Improve the registration system for registered capital。It is stipulated that the shareholders' investment period of limited liability companies must not exceed five years。According to the Opinions of the State Administration of Market Supervision,Bet on today's European Cup matchesAuthorized the State Council to formulate specific measures,Companies that have been registered and established before the implementation of the New Law and the capital period exceeds the period of time specified in this Law,It is required to gradually adjust the capital limit to within the period stipulated in this law。

2. Introduction to the authorized capital system in the joint -stock company,Allow the company's articles of association or shareholders' association to authorize the board of directors to issue shares,At the same time, the initiator is required to pay the shares in full,It is convenient for the company to set up、Improve the flexibility of fundraising,reduce the problem of registered capital blur and other problems。

3. Stipulate that shares can issue preferred shares and inferior stocks、Special voting rights stocks、Transfer stock restricted stocks and other category stocks。

4. Allow the company to choose a noodle stock or faceless stock according to the charter。

5. Allow the company to use the capital provident fund to make up for losses in accordance with regulations。

6. Standardized a simple capital reduction system,Allow the company to make up for losses by reducing the registered capital in accordance with regulations,But you must not allocate to shareholders,It is not allowed to avoid the obligation of shareholders' payment or shares。

7. Increase the system that has not paid the right to contribute on time on time、Shareholders shall subscribe to the capital Bet on today's European Cup matchesacceleration due,Standards transfer person after the transfer of equity、Responsibility of the assignee。

Optimize company governance

1. Allow the company to set up only boards、No Supervisory Board,The company only sets up the board of directors,It should be set up in the board of directors to exercise the power of the board of supervisors。

2. Simplified company organization settings。For companies with smaller scale or less shareholders,You can set up a board of directors,Set a director,No Supervisory Board,Set a supervisor; for a limited liability company with a small scale or a small number of shareholders,Unanimously agreed with all shareholders,You can not have a supervisor。

3. In order to better guarantee employees participating in the company's democratic management,Company with more than 300 employees,Except for the establishment of the supervisory committee in accordance with the law and the company's employee representatives,Among the members of its board of directors, there should be company employee representatives。Employee representatives among the members of the company's board of directors can become members of the Audit Committee。

4. Regulations on the ways and voting procedures of the Audit Committee of the Board of Directors of the Co., Ltd. and the audit committee of the board of directors of the listed company。

Strengthen the protection of shareholders' rights

1. Strengthen the right to know shareholders。Expand the scope of the shareholders to check the materials,Allows shareholders of limited liability companies 2024 European Cup live score results bettingto check for accounting vouchers,Eligible shareholders to check the accounting account book and accounting voucher,Allow shareholders to check、Copy the related materials of the wholly -owned subsidiary。

2. Improve the procedure of the shareholders of the joint -stock company request to convene the temporary shareholders meeting,Improve the provisions of the right to temporary proposal of shareholders,Strengthen shareholders' democratic participation in corporate governance。

3. Abuse of shareholders' rights for the company's controlling shareholders,Seriously harm the interests of the company or other shareholders,It is stipulated that other shareholders have the right to request the company to acquire its equity at a reasonable price。

4. It is specified that the company will reduce registered capital,Should be reduced according to the proportion of shareholders' contribution or holding shares accordingly, the amount of contribution or shares shall,The law has other provisions、All shareholders of the limited liability company have an agreement or the constitution of the joint -stock company except。

5. Allow shareholders to directors of the company's wholly -owned subsidiaries、Supervisor、Senior management personnel, etc. to filed a representative lawsuit。

Strengthen the responsibility of company executives

1. Improve the specific content of loyalty and diligence.

2. Strengthen the director、Supervisor、Specifications of high -level managers and company affiliated transactions,2024 European Cup Football WebsiteReporting obligation and avoidance of voting rules for increasing related transactions。

3. Strengthening directors、Supervisor、Senior management personnel to maintain the company's full responsibility for capital。

4. Standards Directors、Senior managers execute their duties intentional or major negligence,What causes damage to others,Should be liable for compensation。

5. Regulates the company's controlling shareholder、The actual controller does not serve as a company's director but actual executive company affairs,The company's loyal obligations and diligence obligations for the company。

6. Regulates the company's controlling shareholder、Actual controller instructions Director、Senior managers who are engaged in the interests that harm the company or shareholders,and the director、Senior managers assume joint responsibility。

Improve the company's establishment exit system

1. New company registration chapter,Clarify the company's establishment registration、Change registration、Logistics and procedures for canceling the registration; at the same time, the company's registration authority is required to optimize the registration process,Improve registration efficiency and facilitation level。  

2. Make full use of information construction results,Clarifying the electronic business license、Release announcement through the national enterprise credit information publicity system、The legal effect of meeting and voting 2024 European Cup live score results bettingby electronic communication methods。  

3. Expand the property scope that can be used as fund,Clear equity、Credit rights can be invested in price。  

4. Relaxing the establishment of one -person limited liability company and other restrictions,Allow the establishment of one -person Co., Ltd.。  

5. Improve the company's liquidation system,Clarifying the liquidation obligor and its responsibility。  

6.,Convenient company exit。  

Improve the relevant regulations of the state funding company

1. Special regulations for the organization of national funding companies,The scope of application will be applied by a state -owned wholly -owned limited liability company,Expansion to a wholly state -owned、Limited liability company of state -owned capital holding、Co., Ltd.。  

2. Adhere to the party's leadership of state -owned enterprises,Emphasize the leadership of the Organization of the Communist Party of China in China。  

3. It is required to be a member of the board of directors of the state -owned wholly -owned company.。

4. It is stipulated that state -owned wholly -owned companies will set up an audit committee composed of directors to exercise the power of the board of directors,No Supervisor or Supervisor。  

5. Increasing the state funding company should establish and improve the regulations of internal supervision and management and risk control systems。  

Improve relevant corporate bond relevant regulations

1. According to the "Decision 2024 European Cup Online Football Bettingon the State Council's Institutional Reform Plan", the Enterprise Bond Review Responsibilities of the National Development and Reform Commission are allocated into the requirements of the China Securities Regulatory Commission,Delete departments authorized by the State Council to register for public issuance bond registration。  

2. Clarify that corporate bonds can be issued publicly,It can also be non -publicly issued。 

3. Expand the company that issued convertible bonds from listed companies to all shares。  

4. Increase regulations for the effectiveness of the resolution of the bond holder's meeting,Added relevant regulations for bond trustee managers。

Content Source: Rule of Law Daily