1. Qualifications and number of sponsors If the original enterprise investors are used as sponsors, it will involve changes in the organizational form of the original company. According to Article 44 of the Company Law, the dissolution, division or change of corporate form of a limited liability company must be approved by shareholders representing more than two thirds of the voting rights.
2. Sponsor's share capital and subscription method According to the Company Law, the minimum capital of a joint stock limited company shall not be less than 5 million yuan, and the minimum registered capital of a joint stock limited company with listed shares shall be 50 million yuan, and the company shall make profits in the first three years. According to the listing and issuance conditions of GEM, the net assets at the end of the latest period are not less than 20 million yuan, and there is no uncompensated loss. The total share capital after issuance is not less than 30 million yuan. A joint stock limited company may be established through initiation or offering. The share subscription procedures of these two ways of establishment are different. Under the mode of initiation and establishment, the promoters must subscribe for all shares and pay all the shares in one lump sum; Under the way of offering, the shares subscribed by the promoters shall not be less than 35% of the total shares of the company, and the remaining shares shall be offered to the public.
3. Governance structure that meets the requirements of a joint stock limited company According to the Company Law, a governance structure that meets the requirements of a joint stock limited company must be established, such as setting up a shareholders' meeting as the authority of the company, setting up a board of directors and a board of supervisors, and the board of directors appoints a manager as the company's operation manager according to the company's articles of association. The manager presides over the production, operation and management, and organizes the implementation of the resolutions of the board of directors; As the internal supervision organization of the company, the board of supervisors exercises supervision over directors, managers and other senior managers. At present, China's Growth Enterprise Market has some requirements for corporate governance structure, such as setting up independent directors, implementing sponsorship system, listing conditions and incentive mechanism. And put forward higher requirements for the behavior of directors, supervisors, managers and other senior managers. These aspects need to be further revised and improved in the company law.
4. Having a fixed place and a production and business place with fixed production and business conditions is a fixed place for a joint stock limited company to engage in business activities. In order to facilitate the company to carry out business with others or organizations, a joint stock limited company may set up a number of production and business premises according to the needs of business activities. In order to facilitate the management of a joint stock limited company, the administrative department for industry and commerce requires the company to register its domicile. The domicile of the company is the location of the company's management organization, but it is not necessarily the place of production and operation. For example, the company's domicile can be in the city, while the company's production factory can be in the suburbs, or even other cities or countries.
Share reform is a way for listed companies to modify the company's equity in order to balance the interests between the two shareholders. Different companies have different ways.