What are the requirements for a company to set up a joint-stock branch?
What are the requirements for a company to set up a joint-stock branch? 1. The sponsors meet the quorum. According to Article 79 of the Company Law, the establishment of a joint stock limited company shall be initiated by two or more persons but not more than 200 persons, and more than half of the promoters must have a domicile in China. 2. The share capital subscribed and raised by the promoters reaches the minimum statutory capital. The minimum registered capital of a joint stock limited company is RMB 5 million. Where laws and administrative regulations have higher provisions on the minimum registered capital of a joint stock limited company, those provisions shall prevail. Where a joint stock limited company is established by means of sponsorship, the registered capital shall be the total share capital subscribed by all promoters registered in the company registration authority. The initial investment of all promoters of the company shall not be less than 20% of the registered capital, and the rest shall be fully paid by the promoters within two years from the date of establishment of the company. No shares may be sold to others before the full amount of shares has been paid. The promoters and subscribers shall not withdraw their capital after paying the share capital or delivering the capital contribution as compensation for the share capital, except that the shares are not fully raised on schedule, the promoters fail to convene the founding meeting on schedule or the founding meeting decides not to set up the company. 3. The issuance and preparation of shares are in compliance with the law. The promoters must declare the documents in accordance with the regulations and undertake the preparatory work for the company. 4. The promoters shall formulate the articles of association. The Articles of Association is the most important legal document of the company. The promoters shall draft and formulate the draft articles of association according to the requirements of the Company Law, the Guidelines for Articles of Association of Listed Companies or the necessary clauses and relevant provisions of the articles of association of overseas listed companies. The draft articles of association of a joint stock limited company established by offering shall be submitted to the founding meeting for voting. Where the promoters offer shares to the public, they shall submit the draft articles of association to the China Securities Regulatory Commission. 5. Have a company name and establish an organization that meets the requirements of a joint stock limited company. The company limited by shares to be established shall determine the company name in accordance with the requirements of industrial and commercial registration management regulations. The company name consists of administrative division, brand name, industry and organizational form in turn, unless otherwise stipulated by laws and regulations. A company can only use one name. The company name approved and registered by the company registration authority is protected by law. A joint stock limited company shall establish a shareholders' meeting, a board of directors, a manager and a board of supervisors. 6. Have a company residence. The domicile of the company is the place where its main office is located. The domicile of the company is the basis for determining the jurisdiction of the company's registration level, the service of litigation documents, the place of debt performance, the jurisdiction of the court and the application of the law. There can only be one company domicile registered by the company registration authority, and the company domicile shall be within the jurisdiction of the company registration authority. Where a company changes its domicile, it must register the change with the company registration authority. According to the above, we can see that the establishment of a joint stock limited company must have two or more people or less than 200 people, and more than half of them must live in China; The registered capital must reach the statutory minimum, and the minimum registered capital of a joint stock limited company is 500,000 yuan. In short, it is more reliable to do more homework before registration.