The following are some suggestions for determining the beneficiaries of branches:
1. Articles of Association: The articles of association are the core documents of the company's internal rules and regulations, and usually stipulate the relevant provisions for the beneficiaries of branches. The company's articles of association can clearly stipulate the identity, rights and interests and distribution methods of the beneficiaries of the branch;
2. Shareholders' agreement: Shareholders' agreement is an agreement reached between shareholders, which is used to stipulate corporate governance, equity distribution and other matters. In some cases, the shareholders' agreement may involve the interests and distribution of the beneficiaries of the branch;
3. Company Law: According to the company law of the country or region where the company is located, the company must disclose or report the information of its beneficiaries to relevant institutions or registered institutions. These regulations may require companies to disclose the beneficiary information of their branches to ensure transparency and compliance;
4. Register of shareholders: The register of shareholders is an important document for the company to record the identity and shareholding of shareholders. By consulting the register of shareholders, we can determine the shareholders of the branch and infer their beneficiaries.
The concepts of beneficiary and legal person in branches are different.
1. Definition: The beneficiary of a branch refers to an individual or entity that enjoys the rights or interests of the branch. Beneficiaries can be shareholders, investors, partners or other interested parties. Legal person refers to an organizational entity established through legal procedures and recognized as having an independent legal status, such as companies, enterprises and institutions.
2. Identity and rights and interests: The beneficiary of the branch refers to the interested party who enjoys the economic benefits of the branch. They may have equity, income right, investment return right or other forms of rights and interests. A legal person is an independent legal entity with its own rights and responsibilities, and can own property, sign contracts and conduct transactions.
3. Legal status: The beneficiaries of a branch company are usually related parties within the company, who play a specific role in the operation of the branch company. Their rights and responsibilities may be stipulated by the company law, contracts, articles of association and other legal documents. Legal person is an independent legal subject, with its own rights and obligations, protected and restricted by law;
4. Limitations and responsibilities: The beneficiaries of branches usually have the right to share the profits and returns of branches, but their responsibilities and risks may be different. According to the Company Law and the contract, their responsibilities can be limited to their investment amount or other agreed scope. The liability of a legal person is usually independent and separated from the owner of an individual or entity to protect the personal property and liability of its owner.
To sum up, the ultimate beneficiary of a company should generally refer to shareholders. Whether it is an associated shareholder, an agent shareholder or an invisible shareholder, the most important thing is to find out who is the ultimate beneficiary, and the ultimate beneficiary should bear the shareholder responsibility. A natural person's investment or holding is an individual's investment or control of most shares of an enterprise to gain control, rather than the company's control.
Legal basis:
Article 13 of the Civil Code of People's Republic of China (PRC)
A natural person has the capacity for civil rights from birth to death, enjoys civil rights and assumes civil obligations according to law.
Article 18
Adults are people with full capacity for civil conduct and can independently carry out civil legal acts.
/kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.
Article 19
Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil legal acts is represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.