What are the conditions for the company to implement the shareholding system?
What are the conditions for the establishment of a joint-stock company? (1) The number of promoters shall meet the quorum. To establish a joint stock limited company, there should be more than five promoters, and more than half of them must have their domicile in China. The domicile of the company is the place where its main office is located. The domicile of the company is the basis for determining the jurisdiction of the company's registration level, the service of litigation documents, the place of debt performance, the jurisdiction of the court and the application of the law. There can only be one company domicile registered by the company registration authority, and the company domicile shall be within the jurisdiction of the company registration authority. Changes in the company's domicile shall be registered with the company registration authority. According to the Company Law, when a state-owned enterprise is transformed into a joint stock limited company, the number of promoters may be less than five, but it shall be established by public offering. However, at present, China is not allowed to set up a joint stock limited company by offering, but should adopt the practice of "initiating the establishment first and then issuing shares publicly". (2) The share capital subscribed by the promoters and publicly raised by the society has reached the minimum statutory capital. The minimum registered capital of a joint stock limited company (the total paid-in share capital registered with the company registration authority) is RMB 654,380,000. If it is established by way of offering, the shares subscribed by the promoters shall not be less than 35% of the total shares of the company. When the company applies for stock listing, the total share capital shall not be less than RMB 50 million. The promoters and subscribers may not withdraw their capital after they have paid up their share capital or contributed capital to offset the share capital, except that they have not paid up their shares on time, the promoters have not convened the founding meeting on time or the founding meeting has decided not to set up a company. (3) The stock issuance and preparations are in compliance with the law. The word "problem" here has the following two meanings: 1 As far as the mode of initiation and establishment is concerned, issuance means that the promoters subscribe for all the shares privately to raise the capital needed for the establishment of the company. 2. As far as the way of establishment by offering is concerned, offering means that the promoters subscribe for not less than 35% of the total number of shares required for the establishment of the company, and the promoters send invitations, offers or unilaterally express their intention to subscribe for shares to unspecified people. The promoters must declare the establishment documents in accordance with the regulations and undertake the preparatory work of the company. (4) The promoters shall formulate articles of association, which shall be adopted by the founding meeting. The Articles of Association is the most important legal document of the company. The promoters shall draft the articles of association in accordance with the Company Law, Guidelines for Articles of Association of Listed Companies, Essential Clauses of Articles of Association of Hong Kong Listed Companies or Essential Clauses of Articles of Association of Overseas Listed Companies and relevant regulations. The draft articles of association shall be submitted to the founding meeting for voting. Where the promoters offer shares to the public, they shall submit the articles of association (draft) to the China Securities Regulatory Commission. (5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company. The joint stock limited company to be established shall establish its name in accordance with the relevant provisions of industrial and commercial registration, and establish the company organization such as shareholders' meeting, board of directors, board of supervisors and general manager. The name of an enterprise shall be composed of administrative division, font size, industry and organizational form in turn, unless otherwise stipulated by laws and regulations. (6) Having a fixed place for production and business operation and necessary conditions for production and business operation. The joint stock limited company to be established shall obtain a fixed place for production and business operation by means of investment, purchase and lease, and have the necessary production and business operation conditions suitable for its production and business operation activities. The prerequisite for the establishment of a joint stock limited company is to reach a quorum, then the funds must meet the prescribed requirements, and then the relevant issued shares must comply with the relevant regulations. Through the confirmation of the relevant institutions of the company, finally, the company must have a fixed business and production place, so as to establish the relevant joint stock limited company.