1, initiate the establishment.
Initiation of establishment refers to the way that the promoters subscribe for all the shares of the company or the shares issued in the first phase to establish the company.
A. A limited liability company can only be established with the contribution of all shareholders.
B, joint-stock companies can also take the form of initiating the establishment.
C. According to the laws of China, a joint stock limited company can be established by sponsorship or by offering.
D. startup and establishment are relatively simple in procedure.
2. Issuance and establishment
The establishment of public offering refers to the way that the promoters only subscribe for the shares of the company or part of the shares issued in the first phase, and the rest are raised to set up the company.
A, the establishment of offering can be set up by issuing shares to the public, or by issuing shares only to specific objects without issuing shares.
B only a joint stock limited company can be established by offering, and a limited liability company cannot be established by offering.
C. At the time of establishment, the shares subscribed by the promoters shall account for 35% of the total share capital of the company.
Legal basis: People's Republic of China (PRC) Company Law.
Article 23 To establish a limited liability company, the following conditions shall be met:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
Article 24 A limited liability company shall be established by capital contribution of shareholders with less than 50 persons.
Article 25 The articles of association of a limited liability company shall specify the following items:
(1) Name and domicile of the company;
(2) The business scope of the company;
(3) The registered capital of the company.
(4) Names of shareholders.
(5) The mode, amount and time of contribution by shareholders.
(6) The organizational structure of the company, its methods of formation, powers and rules of procedure;
(7) The legal representative of the company;
(eight) other matters that need to be stipulated by the shareholders' meeting.
Shareholders shall sign and seal the articles of association.