1, different concepts.
A promoter of a joint stock limited company, also known as a promoter, refers to a person who, in accordance with relevant laws and regulations, enters into a promoter agreement, applies for the establishment of a company, subscribes for the shares of the company, and is responsible for the establishment of the company.
Shareholders refer to individuals or units that bear limited or unlimited liabilities for the debts of joint-stock companies and enjoy dividends and bonuses by holding shares. Shareholders who subscribe for shares from joint-stock companies have certain rights and obligations.
2. Different requirements
The establishment of a joint stock limited company, according to the size, requires at least 7 people, or other odd people as sponsors. There is no restriction on the nationality of promoters, but foreign company laws generally stipulate that more than half of promoters must be citizens of their own nationality and have settled in China.
The promoter can be a natural person or a legal person, but the natural person must have the capacity to act. If a legal person acts as a promoter, it is limited to the enterprise, and the rest of the enterprise legal persons may not act as promoters, because such legal persons are not for profit and are not suitable as promoters in nature.
In terms of the relationship between shareholders and the company, according to the Company Law, shareholders have the right to return on assets, participate in major decision-making and choose managers. In the shareholder relationship, all shareholders have equal status. In principle, the same shares have the same rights, but other provisions can be made in the articles of association.
3. Different responsibilities
According to the Company Law of our country, the contribution of the promoters of a joint stock limited company can be in cash, in kind, industrial property rights, non-patented technology or land use rights. The amount of industrial property rights and non-patented technology contributed by promoters shall not exceed 20% of the registered capital of a joint stock limited company.
The promoters of a joint stock limited company must subscribe for the shares issued in accordance with the articles of association in writing in accordance with the provisions of the Company Law, and pay all the shares immediately. If the investment is made in kind, industrial property rights, non-patented technology or land use rights, the transfer procedures of its property rights shall be handled according to law.
Participate in the shareholders' meeting and have the right to vote on major issues of the company; The voting rights of directors and supervisors of the company; Distribute the company's profits and enjoy the right to share dividends; Issuing stock creditor's rights; The right to request the transfer of shares; The right to claim bearer shares instead of registered shares; The right to dispose of the remaining property when the company fails to operate, declares closure and goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders.