1. has the real intention of becoming a shareholder of the company. This is the primary criterion for determining equity or shareholder qualification. As capital contribution is a civil legal act, the parties should show their true intention to become shareholders. Without this real intention, naturally they should not be admitted as shareholders. Because the expression of will is actually the subjective psychological state of the parties, it lacks the operability of direct judgment and review. Therefore, the external evidence that can reflect the true meaning expression plays an important role in the process of shareholder qualification determination. This kind of evidence mainly includes: the internal agreement of the investment agreement before the establishment of the company, the signed articles of association, the testimony of relevant shareholders, etc. In addition, if the parties actually enjoy and exercise shareholders' rights, such as the right to make major decisions and choose managers, it can be inferred from this external behavior that they have the true intention to become shareholders.
2. Actual performance of capital contribution obligations. Actual contribution is the most important obligation of shareholders to the company, the necessary premise and material basis, and an important standard for confirming equity and shareholder qualification. Shareholders who fail to fulfill their capital contribution obligations are required by the company to make up their capital contribution, and refuse to exercise their rights or cancel their qualifications through legal procedures. Of course, shareholders who have not made capital contributions can still restore their shareholder rights after making supplementary capital contributions according to law.
3. Do not violate the mandatory provisions of China laws and regulations.
4. Be recorded as a shareholder in the company's articles of association and confirmed to be bound by the company's articles of association.
5. Obtain the capital contribution certificate issued by the company.
6. Record on the company's register of shareholders.
7. Registered as a shareholder in the administrative department for industry and commerce.
Legal basis: People's Republic of China (PRC) Company Law.
Fifteenth companies can invest in other enterprises; However, unless otherwise provided by law, investors shall not be jointly and severally liable for the debts of the invested enterprises.
Article 16 The company's investment in other enterprises or providing guarantee for others shall be decided by the board of directors or shareholders' meeting in accordance with the provisions of the company's articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting.
Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.
Article 17 The company must protect the legitimate rights and interests of employees, sign labor contracts with employees according to law, participate in social insurance, strengthen labor protection and realize safe production.
Companies should take various forms to strengthen employees' vocational education and on-the-job training to improve their quality.
Article 18 The employees of the Company shall organize trade unions and carry out trade union activities in accordance with the Trade Union Law of People's Republic of China (PRC) to safeguard the legitimate rights and interests of employees. The company shall provide necessary conditions for the activities of the trade union. On behalf of employees, the trade union of the company signs collective contracts with the company on matters such as labor remuneration, working hours, welfare, insurance and labor safety and health.
According to the provisions of the Constitution and relevant laws, the company implements democratic management through workers' congresses or other forms.
When studying and deciding on major issues in restructuring and operation, and formulating important rules and regulations, the company shall listen to the opinions of the company's trade unions, and listen to the opinions and suggestions of employees through the workers' congress or other forms.
Article 20 Shareholders of a company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.
Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law.
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.
Article 21 The controlling shareholders, actual controllers, directors, supervisors and senior managers of a company shall not use their related relationships to harm the interests of the company.
Anyone who violates the provisions of the preceding paragraph and causes losses to the company shall be liable for compensation.