Does the company have to hold the most shares as a legal person?

Companies with legal person shares are not necessarily the most needed.

First, the diversity of the company's shareholding structure

The ownership structure of a company can be different due to the nature, development stage and strategic demand of the company. Some companies may adopt centralized shareholding, that is, most of the shares are in the hands of minority shareholders, who may include corporate legal persons. This structure is conducive to shareholders' control and decision-making of the company. However, some companies adopt the method of decentralized shareholding, and the shares are scattered in the hands of many shareholders, including individual investors and institutional investors. At this time, the shareholding ratio of legal persons may not be high.

Second, the role and restrictions of legal person shareholding

The role of enterprise shareholding is to participate in the management and decision-making of the company. As a company legal person, holding shares means having certain ownership and decision-making power to the company, and can participate in major decisions of the company and safeguard the interests of the company. However, the legal person's shareholding is also subject to certain restrictions, such as the transfer of shares and the restrictions on shareholders' rights stipulated in the Company Law. In addition, legal persons holding shares must abide by relevant laws and regulations and corporate governance standards to ensure that their actions in exercising their rights are legal and compliant.

Three. The provisions of the shareholders' agreement and the articles of association

The shareholding ratio of a company as a legal person should ultimately follow the agreement between shareholders and the provisions of the company's articles of association. Shareholders may agree on their respective shareholding ratio and rights and interests by signing an agreement, including the shareholding ratio of a company as a legal person. The articles of association may also specify the proportion and rights and interests of legal persons. These regulations ensure the standardization and legitimacy of corporate governance and protect the rights and interests of shareholders.

To sum up:

A company's legal person shareholding does not necessarily need the most, and its shareholding ratio depends on the company's shareholding structure, the role and restrictions of legal person shareholding, and the provisions of the shareholders' agreement and the company's articles of association. In practice, the company should reasonably arrange the ownership structure according to its own situation and needs to ensure the standardization and effectiveness of corporate governance.

Legal basis:

Company Law of the People's Republic of China

Article 103 stipulates:

Shareholders attending the shareholders' meeting shall have one vote for each share they hold. However, the shares of the company held by the company have no voting rights.

Article 104 stipulates:

The resolution of the shareholders' meeting must be passed by more than half of the voting rights held by the shareholders present at the meeting. However, the resolutions of the shareholders' meeting to amend the Articles of Association, increase or decrease the registered capital, and the resolutions of the company's merger, division, dissolution or change of corporate form must be adopted by more than two thirds of the voting rights held by the shareholders present at the meeting.