1. Abide by laws, administrative regulations and the Articles of Association;
2. Pay the capital contribution in full and on time, and may not withdraw the capital contribution;
3. Do not abuse the rights of shareholders to harm the interests of the company or other shareholders; Should be liable for compensation according to law.
4. Do not abuse the company's independent legal person status and the limited liability of shareholders to harm the interests of the company's creditors. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.
What rights does a limited liability company have?
1. Formulate and modify the Articles of Association.
The company's articles of association are called "the company's own constitution, which is the internal autonomy law of the company." To establish a company, the articles of association must be submitted to the industrial and commercial registration authority before it can be established. After the establishment of the company, the articles of association are binding on the company, shareholders, directors, supervisors and senior managers. The subject who has the right to formulate the articles of association is limited to shareholders. After the establishment of the company, shareholders can amend the articles of association by voting at the shareholders' meeting. Therefore, shareholders have the right to formulate and amend the articles of association.
2. Attend the general meeting of shareholders and exercise voting rights.
The shareholders' meeting is the authority of the company. Article 38 of the Company Law clearly stipulates the shareholders' meeting and its powers, and the most important matters of the company shall be decided by the shareholders' meeting. As the boss or real owner of the company, the main way for shareholders to exercise their basic rights such as participating in the company's decision-making, choosing managers and deciding on asset allocation schemes is to attend the shareholders' meeting. According to the relevant provisions of the Company Law, these matters that need to be collectively decided by shareholders through the shareholders' meeting according to the proportion of capital contribution or the agreed proportion include deciding the company's business policy and investment plan, electing members of the board of directors, electing members of the board of supervisors, deliberating and approving the company's profit distribution and loss recovery plan, increasing or decreasing the company's registered capital, deciding to issue corporate bonds, and the company's division, merger, dissolution and change form.
3. Identify the shareholders
65,438+0 A natural person or legal person is of course a shareholder of the company if he has fulfilled his obligation to contribute to the company. The company is also obliged to indicate the investor's shareholder status on relevant materials (such as the company's register of shareholders). If an investor's shareholder qualification has not been confirmed in writing by the company, other shareholders or the company registration authority, the investor may bring an equity confirmation lawsuit to the court. In judicial practice, there are many documents to prove the identity of shareholders: in addition to the register of shareholders, there are articles of association, shareholders' agreement or equity transfer agreement, and resolutions of shareholders' meeting (all these legal documents need the signature of shareholders); Capital contribution certificate issued by the company to shareholders; And the registration information of the industrial and commercial registration authority. What needs to be pointed out is that in the case of conflict between these documents proving the identity of shareholders, what kind of evidence should be used to confirm the company's shareholder qualification?