The establishment by offer refers to a company that the promoters subscribe for part of the shares that the company should issue, and the rest of the shares are raised from the public or specific objects. The establishment of a joint stock limited company refers to all kinds of preparatory actions to form a joint stock company and obtain legal person status. Its methods are divided into two types: initiating establishment and raising establishment.
The following conditions shall be met:
(1) The promoters meet the quorum;
(2) It has the total amount of capital subscribed or paid-in by all promoters 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.
Legal basis:
Article 76 of the Company Law of People's Republic of China (PRC) stipulates that the establishment of a joint stock limited company shall meet the following conditions:
(1) The promoters meet the quorum;
(2) It has the total amount of capital subscribed or paid-in by all promoters 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 77 A joint stock limited company may be established by means of initiation or offering.