(1) Self-interest right and * * * interest right, self-interest right (right to distribute interests, right to distribute surplus property, right to subscribe for new shares, right to rename registered shares, etc.). ) is the right exercised by shareholders for their interests, and * * * interest right is the right exercised by shareholders for the interests of the company, such as voting right, resolution of shareholders' general meeting to cancel the proposal, illegal behavior of the board of directors, etc.
(2) Fixed rights and non-fixed rights. Fixed ownership is a right that cannot be deprived or restricted by the articles of association or resolutions of the shareholders' meeting, and vice versa.
(3) General rights and special rights, limited to the shareholders of the company, are called general rights; Personal rights that belong exclusively to shareholders of a company are special rights, such as the special rights of promoters and the priority of preferred shareholders.
(4) the rights of individual shareholders and minority shareholders, the rights that a shareholder can exercise alone are called single shareholder rights; For example, the right of self-interest is called minority shareholders' right, which can only be exercised by a combination of shareholders accounting for 3% or more of the total number of shares, such as the right to convene a general meeting of shareholders and the right to recall directors and supervisors.
Shareholder's obligation of a joint-stock company refers to the obligation of shareholders to the company, which mainly refers to the obligation of capital contribution, which can be divided into cash contribution and property contribution.
Generally speaking, apart from issuing new shares, the property contribution is limited to the property contribution that the promoters can make.
Property contribution, shareholders' capital contribution obligations include:
(1) In the case of initiating the establishment, the promoters can use the property required for the company's business to contribute capital; When issuing new shares, if they are subscribed by the original shareholders or through a specific agreement and are not publicly issued, they may use the property required by the company.
(2) The promoters who contribute capital by property shall generally hand over the property to the company at the same time as paying the share capital, or hand over the property after the company is established.
(3) The company shall check the type, quantity and price of the property invested by the promoters and the number of shares approved by the company. In case of false overvaluation, the number of shares shall be reduced or ordered to make up after inspection by the competent authority.
Where capital contribution is made in cash, the shareholders' capital contribution obligations include:
(1) No matter whether the company is established by means of initiation, offering or issuing new shares, shareholders must pay all the shares in one lump sum, not by installments. Shares shall be paid in cash, and the shares payable shall not be offset by the creditor's rights to the company.
(2) If the subscribers delay payment after the capital contribution performance period is determined, the promoters may adopt or enforce the method for these subscribers, or may appropriately deprive the subscribers of some shareholders' rights.
(3) When the company issues shares and new shares to the public, it should decide the name and address of the bank or post office that collects the shares. The company cannot collect the shares by itself, so as to prevent the company from claiming that the shares have been paid in full when the shares have not been paid in full, and go through the formalities for the establishment of the company in advance.