Conditions of mixed ownership enterprises
1. legal protection system: to enable investors to enjoy the rights and interests corresponding to their capital contribution according to law. Especially for mixed ownership enterprises formed by cross-regional investment, the government and community where the enterprises are located must protect the legitimate rights and interests of foreign investors and let investors dare to invest across regions and industries.
2. Establish a smooth operation mechanism of property rights transfer: enable investors to enter or exit capital in time according to the benefit of capital operation and the expected future investment income, and reduce the investment risk of investors in mixed ownership enterprises.
3. Separation of ownership and management rights of mixed ownership enterprises. Therefore, according to the requirements of modern enterprise system, we must establish a standardized principal-agent system, build a governance structure composed of shareholders' meeting (or shareholders' congress), board of directors, management and board of supervisors, and form a mechanism and method that both encourages and constrains managers. According to the actual situation of China's joint-stock enterprises, managers must put themselves in a correct position, that is, managers of enterprises are professional managers entrusted by owners, not owners. The owner should give corresponding rewards and remuneration according to the business performance of the operator, but as an operator, he should not enjoy the residual claim beyond the provisions.
4. Mixed economy is a form of capital concentration: after dispersed capital is concentrated in the same enterprise, different owners need to form a cohesive force to seek the development of the enterprise. The concentration of capital also requires different owners and their entrusted agents to abide by legal norms, company contracts and articles of association, prevent and reduce internal friction, and avoid capital flight and enterprise disintegration caused by interpersonal tension in mixed ownership enterprises.
Generally speaking, mixed ownership enterprises, as a new form of economic organization under China's current market economy system, have become an integral part of current state-owned enterprises.
Legal basis:
Company Law of the People's Republic of China
Article 23
The establishment of a limited liability company shall meet the following conditions:
(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.