The definitions of continuation and employment are different. For example, the existence of enterprise identity means that the enterprise still exists according to law and continues to operate normally. There are many such sayings, which are also called open, normal and registered. Then, the operating status refers to the normal production of enterprises, and new enterprises include partial production or trial operation. However, because different provinces are likely to have more detailed differences, generally speaking, being in business, being normal, operating, being in business, being effective, being in business means being in business.
Generally speaking, the operating conditions of enterprises can be divided into eight categories: surviving, in service, cancellation, cancellation, moving in, moving out, closing down and liquidation. It is worth noting that there is little difference between the two. No matter what kind of enterprise state, enterprises are out of operation state, survival is production, and industry is not production.
1. The existence of corporate identity means that the enterprise exists according to law and continues to operate normally. Also known as open, normal and registered.
2 operating conditions refer to the normal production of enterprises, and new enterprises include partial production or trial operation. Because there may be subtle differences among provinces, generally speaking, doing business is normal, managing, doing business is effective, and doing business is doing business.
The difference between a company's existence and being in business: being in business means that the enterprise is in a normal operating state, and being means that although the enterprise entity exists, it is no longer in business; Being in a state of existence means that the enterprise still has normal production and business activities, but it is in a state of existence, and the enterprise generally no longer produces; Enterprises in the industry state generally have operating profits, but are not in a state of survival.
The survival of a company is generally not affected by changes in shareholders. Because the company and shareholders are separated, the death, withdrawal and bankruptcy of shareholders do not affect the survival of the company in principle, and the company can exist independently. Therefore, the company is considered to be sustainable forever.
Duration refers to the average duration of bonds held by investors, that is, the actual average duration for investors to recover principal and interest. It can measure the change or percentage of bond prices caused by changes in unit interest rates as an indicator to measure bond price risks.
1. What does it mean that an enterprise is operating, and what is the difference from its existence?
Unlisted enterprises that exist in the form of group companies or parent companies after restructuring are called surviving enterprises, which are still in normal production and operation and have not stopped production or changed production. Unlisted enterprises that exist in the form of group companies or parent companies after restructuring are called surviving enterprises.
1. merger means that an enterprise accepts other enterprises, the target enterprise joins the enterprise, the target enterprise is dissolved, and the recipient continues to exist, which is called a surviving enterprise. Enterprise merger is carried out by means of acquisition, that is, after obtaining all the shares of the target enterprise and obtaining the control right of the target enterprise 100%, the target enterprise is dissolved and merged.
2. The corresponding enterprises formed after the reorganization of other businesses are collectively called surviving enterprises. Operating enterprises refer to enterprises that have normal production and operation and have not stopped production or changed production. Duration refers to the average duration of bonds held by investors, that is, the actual average duration for investors to recover principal and interest. It can measure the change or percentage of bond price caused by the change of unit interest rate and can be used as a measure of bond price risk.
3. zero coupon bond only has cash inflow on the maturity date, so the duration is equal to the maturity period, while the duration of general bonds is less than the maturity period. When the maturity of bonds is the same, the lower the coupon rate, the longer the maturity, because the cash recovery speed is slow. On the other hand, if coupon rate is the same, the maturity period is shorter and the duration is shorter.
Two. Conditions for establishing a joint stock limited company
1. The promoters are legally qualified and have a quorum.
The qualification of promoters refers to the qualification obtained by promoters to establish a joint stock limited company according to law. The promoters of a joint stock limited company may be natural persons or legal persons, but more than half of the promoters must have their domicile in China.
The establishment of a joint stock limited company shall have two or more promoters, of whom more than half of the promoters shall have their domicile in China. There is no minimum amount of sponsors. First, there are too few sponsors to fulfill their obligations. Second, a few sponsors are prevented from harming the legitimate rights and interests of other shareholders. There is no need to specify the maximum amount of sponsors.
2. The total share capital subscribed by all promoters or the total paid-in share capital raised in accordance with the articles of association.
Where a joint stock limited company is established by means of sponsorship, the registered capital shall be the total share capital subscribed by all promoters registered in the company registration authority. Before the shares subscribed by the promoters have been paid in full, they may not raise them from others. Where a joint stock limited company is established by offering, the registered capital shall be the total paid-in share capital registered with the company registration authority. Where laws, administrative regulations and decisions of the State Council have other provisions on the paid-in amount of registered capital and the minimum amount of registered capital, those provisions shall prevail.
Sponsors can make contributions in cash, or in kind, industrial property rights, non-patented technology and land use rights. When the promoters make capital contributions in cash, they shall pay cash. When the promoters contribute capital with other property rights other than currency, they must evaluate the price, verify the property and convert it into shares, go through the transfer procedures of their property rights according to law, and jointly transfer the property rights to the company with the promoters.
3. The issuance and preparation of shares are in compliance with the law.
The issuance and preparation of shares are carried out in accordance with the law, which is the principle that a joint stock limited company must follow.
Share issuance refers to the legal act of selling and raising shares in order to raise company capital when a joint stock limited company is established. The issue of shares mentioned here is the establishment of shares, which refers to the act of issuing shares in order to form a joint stock limited company and raise the capital needed to form a company in the process of establishing a company. The issue in the establishment stage can be divided into two types: initiating the establishment issue and offering the establishment issue. Initiating the establishment and issuance refers to the behavior that the promoters of the company subscribe for part of the shares to be issued, and the rest are publicly offered to the public, and the public subscribes for shares.
The capital of a joint stock limited company is divided into shares, and the amount of each share is equal. The shares of the Company are restricted shares. Stock issuance should follow the principles of openness, fairness and justice, and shares must have the same rights. Shares issued at the same time shall be issued under the same conditions and at the same price.
Where a joint stock limited company is established by means of sponsorship, the promoters shall immediately pay all the shares after subscribing for all the shares stipulated in the articles of association and issuing shares.
Where a joint stock limited company is established by 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. When the promoters offer shares to the public, they must be approved by the securities administration department of the State Council in accordance with the law, announce the prospectus, make a subscription book, be underwritten by the legally approved securities institutions, sign an underwriting agreement, sign an agreement with the bank to collect and keep the shares on behalf of the bank, and issue a receipt to the subscribers.
legal ground
Company Law of the People's Republic of China
Article 180
The Company is dissolved for the following reasons:
1. The business term stipulated in the Articles of Association expires or other reasons for dissolution stipulated in the Articles of Association occur;
2. The shareholders' meeting or shareholders' meeting resolves to dissolve;
3. The company needs to be dissolved due to merger or division;
4. The business license is revoked, ordered to close or revoked according to law;
Five, the people's court shall be dissolved in accordance with the provisions of Article 182nd of this law.