1. What is the investment period of the limited liability company?
The registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered in the company registration authority (non-paid-in capital). The initial capital contribution of all shareholders shall not be less than 20% of the registered capital, nor shall it be less than the statutory minimum registered capital (30,000 yuan). The rest shall be fully paid by shareholders within 2 years from the date of establishment of the company, and the investment company may pay in 5 years.
It is worth noting that the minimum registered capital of a one-person limited liability company is 654.38+10,000 yuan, and shareholders should pay their capital contribution in full at one time, and it is not allowed to pay it in installments.
Two. The longest period for shareholders to subscribe for capital contribution
Generally, it is 20 years, and the subscription period can be changed after 20 years. Paragraph 1 of Article 27 of the Company Law stipulates: "Shareholders may make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law; However, laws and administrative regulations stipulate that it shall not be used as capital contribution except property. "
1. Although the subscription amount and investment time are agreed by the company's shareholders (promoters), they should be practical. Generally speaking, it is 10 year.
2. Shareholders (promoters) of the company shall make their own agreements on the amount, mode and duration of capital contribution, and record them in the articles of association. Generally speaking, if you have subscribed your registered capital of 6,543.8+0 million yuan and the subscription period is 654.38+00 years, you can pay all the funds within the validity period of the business license of 654.38+00 years.
3. If the registered capital is not paid in full within the agreed period, it can be cancelled only after it is paid in full, or it can be cancelled after renewal.
Three. Matters needing attention about investment term agreement
1, the term agreement should be clear.
The company law was amended to cancel the capital contribution period, but it does not mean that there is no capital contribution period. When shareholders sign a capital contribution agreement, a clear capital contribution period not only means the rights and obligations of shareholders, but also provides a basis for some shareholders to investigate their liability for breach of contract for overdue capital contribution.
2. Do not set preconditions for the obligation and duration of capital contribution.
In practice, when shareholders violate the obligation of capital contribution with preconditions, they often use preconditions as a shield, argue irrationally and importune, and once preconditions are established, the defaulting shareholders' default behavior will not be punished, resulting in damage to non-defaulting shareholders and the company.
3. In the liability for breach of contract, the terms such as liquidated damages and replacement of investment qualification shall be specified.
(1) Define the amount and calculation method of liquidated damages. In practice, for the sake of face and friendship, many shareholders only agree on liquidated damages or generally agree to bear the liability for breach of contract in the capital contribution agreement, without specific agreement, which makes it impossible to pursue the liability for breach of contract or it takes a long time to calculate the relevant losses before claiming compensation. Therefore, clarifying the liquidated damages can help observant shareholders to safeguard their rights and interests as soon as possible, and at the same time, clarifying the liquidated damages will make defaulting shareholders consider the cost of default and play a deterrent role.
(2) Define the terms of replacement of capital contribution qualification. It can be stipulated in the capital contribution agreement that after a shareholder's overdue capital contribution reaches a certain period, his due capital contribution obligations will be extinguished, and other shareholders or a third party will make capital contribution, and after fulfilling the relevant capital contribution obligations, he will expand his shareholding ratio or become a shareholder of the company. This agreement can protect the interests of other shareholders and the interests of the company.
Based on the above materials, we can draw the following conclusions: According to the relevant laws and regulations of our country, there is a certain time limit for shareholders to subscribe for capital contribution when the company is established. The articles of association stipulate the time limit for shareholders to subscribe for capital contribution, and shareholders need to subscribe for capital contribution within the specified time limit. In addition, if there are other provisions in laws, administrative regulations and the State Council on the paid-in amount and minimum registered capital of a limited liability company, it shall be implemented according to law.