What is a holding company? Everyone in the workplace should know that companies generally need experience after registration, and registered companies have gone through certain processes. Of course, not operating for a long time will have an impact. Let's learn what a holding company is.
What is a holding company 1? Holding company refers to a company that controls a company by holding a certain number of shares.
The establishment of joint-stock companies by financial capital has more advantages than the direct establishment of various enterprises:
1, which can be controlled more widely with less capital.
2. The control can be realized in a short time. Because it is much easier and faster for a holding company to buy shares in an existing enterprise than to establish a new enterprise.
3. You can make use of the operating results obtained by existing enterprises. Such as developed markets and various business contacts, signs and trademarks accepted by the public, and the reputation of the company. , thus avoiding the difficulty of starting a business.
4. It can reduce the operational risk. Because the holding company's investment is scattered in many enterprises, it can often level the operating quality and profits of enterprises, thus ensuring a relatively stable profit, which is much safer than investing in a single enterprise.
5. Because the holding company unites many scattered enterprises into one entity, it can often reduce the tax payable.
Extended data
Jinneng Holding Power Group Co., Ltd. held the unveiling ceremony. It marks that Jinneng Holding Group has taken substantial steps to realize the integration of coal and electricity, reduce the cost of electricity price, create a "depression" and develop a "highland" for strategic emerging industries in Shanxi Province.
Jinneng Holding Power Group is one of the three industrial sector groups of Jinneng Holding Group, which is formed by the joint reorganization of the original power sectors of Jinneng Group, Tongmei Group and Jinmei Group, and the synchronous integration of the related power assets of Lu 'an Group and Huayang New Materials Science and Technology Group.
After reorganization and integration, the power generation categories of Jinneng Holding Power Group include coal, gas, hydropower, wind, photovoltaic and gas power generation. The affiliated enterprises cover all cities in Shanxi Province and Shaanxi, Hebei, Shandong, Inner Mongolia, Xinjiang, Tibet and other regions, and the installed capacity, power generation and total heating amount rank first in Shanxi Province.
What is a holding company? 2. What are the criteria and requirements for establishing a holding company?
According to SASAC's regulations, it has no threshold such as the amount of capital.
Holding company is not a withdrawal company, but a necessary company form, which is a very important link in the capital management chain and its management content is also true. Holding companies of industrial groups are different from general investment companies and investment banks. It is based on a certain professional direction and core expertise, and is committed to seeking development in an industry and realizing its economic benefits.
The management of the holding company is carried out through clear procedures in the company's articles of association, such as shareholders' meeting, board of directors and board of supervisors. As a holding company of an industrial group, it cannot be equated with a "superior unit", but must actually exercise the duties of a major shareholder and complete the management tasks assigned by the state and superior departments. Therefore, its management features are as follows: first, large-scale national industrial companies should connect with relevant state departments on behalf of all subsidiaries;
Second, the formation of property rights through holding requires the formation of a relatively perfect corporate governance structure such as shareholders' meeting, board of directors and board of supervisors; Third, as a major shareholder, it is necessary to examine the strategy, investment, human resources and other aspects of the subsidiary macroscopically.
Second, the legal basis
Article 27 of the Company Law
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
Seeing this, I believe you have also learned the relevant knowledge, so you need to follow the corresponding laws and regulations when setting up a holding company.
What is a holding company? What are the conditions for establishing a holding company?
The conditions for establishing a holding company are:
1. Holding more than 50% of the shares of the controlled company or having significant influence on the resolutions of the controlled company;
2. The number of shareholders of the company meets the requirements;
3. The company's capital contribution conforms to the provisions of the articles of association;
4. Name, domicile and organization of the company.
legal ground
Article 76 of the Company Law of People's Republic of China (PRC)
The establishment of a joint stock limited company shall meet the following conditions:
(1) The promoters meet the quorum;
(2) The total amount of capital subscribed by all promoters or the total amount of paid-in capital raised in accordance with the articles of association;
(3) The issuance and offering of shares comply with the law;
(4) The promoters shall formulate articles of association, which shall be adopted by the founding meeting;
(5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company;
(6) Having a company domicile.
Article 2 16
The meanings of the following terms in this Law:
(2) Controlling shareholders refer to shareholders whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total share capital of a joint stock limited company; Although the capital contribution or the proportion of shares held is less than 50%, but according to their capital contribution or shares held, shareholders have enough voting rights to the shareholders' meeting and the resolutions of the shareholders' meeting.
Is the holding company a listed company
The holding company is not necessarily a listed company. Listed companies are generally joint-stock companies, and holding companies can be joint-stock companies or limited liability companies; As long as the shareholding ratio is enough to affect the resolution of the shareholders' meeting of the company it controls.
legal ground
Article 23 of the Company Law of People's Republic of China (PRC)
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 2 16
The meanings of the following terms in this Law:
(2) Controlling shareholders refer to shareholders whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total share capital of a joint stock limited company; Although the capital contribution or the proportion of shares held is less than 50%, but according to their capital contribution or shares held, shareholders have enough voting rights to the shareholders' meeting and the resolutions of the shareholders' meeting.