What are the provisions of the company law on equity?

As long as all matters related to the company must be regulated by the company law, it can ensure that there will be no chaotic order, but there are also many provisions closely related to citizens and shareholders, especially the shareholders' equity rights of the company. So, what are the provisions of the company law on equity? 1. What are the provisions of the company law on equity? In fact, the protection of shareholders' rights and interests is mainly reflected in giving shareholders more rights, and shareholders safeguard their rights through the exercise of their rights. 1. Voting right to provide guarantee for the company. Article 16 stipulates that "if the company provides guarantee for the shareholders or actual controllers of the company, 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 was passed by more than half of the voting rights held by other shareholders attending the meeting. " In fact, when the company provides guarantee for shareholders or actual controllers, if all shareholders participate in the voting, the voting will become a mere formality due to the large shares of the guaranteed shareholders. Only in this way can we reflect the wishes of minority shareholders and protect their rights. 2. Request for cancellation right. Article 22 stipulates that "if the convening procedure and voting method of the shareholders' meeting or shareholders' general meeting and the board of directors violate laws, administrative regulations or the articles of association, or the contents of the resolution violate the articles of association, the shareholders may request the people's court to revoke it within 60 days from the date of making the resolution." This is not only an affirmation of procedural justice, but also gives shareholders the right to supervise the convening of relevant meetings and safeguard their own rights and interests. 3. Lowered the threshold for establishing a company. Article 26 stipulates that "the registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered in the company registration authority. The initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor less than the statutory minimum registered capital, and the rest shall be fully paid by shareholders within two years from the date of establishment of the company; Among them, the investment company can pay in full within five years. The minimum registered capital of a limited liability company is RMB 30,000. " Where laws and administrative regulations have higher provisions on the minimum registered capital of a limited liability company, those provisions shall prevail. From "paid in" to "subscribed", from "paid in one lump sum" to "paid in installments", from the minimum amount of registered capital stipulated by different industries to a unified reduction of 30,000 yuan, these changes have lowered the standards for investors to set up companies and become shareholders, and provided more people with entrepreneurial opportunities. 4. Access rights. Article 34 stipulates that "shareholders have the right to consult and copy the articles of association, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports. Shareholders may request to consult the company's accounting books. Where a shareholder requests to consult the company's accounting books, he shall submit a written request to the company, explaining the purpose. If the company has reasonable reasons to believe that the shareholders' access to the accounting books has improper purposes, which may harm the legitimate interests of the company, it may refuse to provide access, and shall give a written reply to the shareholders within 15 days from the date of the shareholders' written request, explaining the reasons. If the company refuses to provide inspection, the shareholders may request the people's court to require the company to provide inspection. "Giving shareholders the right to access relevant information is actually the embodiment of shareholders' right to know, and it is also conducive to the company to regulate its own behavior. Of course, when exercising this right, shareholders must have legitimate reasons and follow legal procedures. 5. Enjoy the right to share dividends and the right to subscribe for new capital contributions. Article 35 stipulates that "shareholders receive dividends according to the proportion of paid-in capital contribution; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. However, all shareholders agree not to share the dividend according to the proportion of capital contribution or not to give priority to the capital contribution according to the proportion of capital contribution. " The basis for shareholders to pay dividends and subscribe for new capital contributions was clarified. 6. Article 38 stipulates that "the shareholders' meeting shall exercise the following functions and powers: if the shareholders unanimously agree on the matters listed in the preceding paragraph in writing, they may make a decision directly without convening the shareholders' meeting, and all shareholders shall sign and seal the decision document." The reform of shareholder voting form provides a new form for shareholders to exercise their rights, which is more conducive to improving efficiency and facilitating shareholders to exercise this right. 7. The right to convene an extraordinary general meeting of shareholders. Article 40 stipulates that "shareholders' meetings are divided into regular meetings and temporary meetings. Regular meetings shall be held on time in accordance with the provisions of the articles of association. If shareholders representing more than one-tenth of the voting rights, more than one-third of the directors, the board of supervisors or the supervisors of a company without a board of supervisors propose to convene an interim meeting, an interim meeting shall be convened. "The share of shareholders' voting rights that can bring an extraordinary general meeting of shareholders is changed from 1/4 to110, which will more effectively protect the interests of small and medium-sized investors, let their weak but powerful voices be broadcast and get more attention from decision makers. 8. The right to convene and preside over shareholders' meetings. Article 41 stipulates that "if the board of directors and the executive director fail to perform or fail to perform their duties of convening the shareholders' meeting, it shall be convened and presided over by the board of supervisors or the supervisors of the company without the board of supervisors; If the Board of Supervisors or supervisors do not convene and preside over the meeting, shareholders representing more than one tenth of the voting rights may convene and preside over the meeting by themselves. "Article 102 stipulates that" if the board of directors is unable to perform or fails to perform the duties of convening the shareholders' meeting, the board of supervisors shall convene and preside over it in time; If the Board of Supervisors does not convene and preside over the meeting, shareholders who individually or collectively hold more than 0/0% of the shares of the company for more than 90 consecutive days may convene and preside over the meeting by themselves. " The former refers to a limited liability company, while the latter refers to a joint stock limited company. This is a very prominent provision, which not only gives shareholders the right to convene and preside over the shareholders' meeting under special circumstances, but also makes up for the possible defects in convening and presiding over the shareholders' meeting. 9. Establishment of a one-person company. Article 58 stipulates that the establishment and organization of a one-person limited liability company shall be governed by the provisions of this section; Where there are no provisions in this section, the provisions in the first and second sections of this chapter shall apply. A one-person limited liability company as mentioned in this Law refers to a limited liability company with only one natural person shareholder or one corporate shareholders. "Article 59 stipulates that the minimum registered capital of a one-person limited liability company is RMB 100,000. Shareholders shall pay in full the capital contribution stipulated in the Articles of Association. A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company. " The regulation of one-man company not only confirms the chaotic situation of many one-man companies before the promulgation of the new law, but also lowers the threshold for entering the company. 10. Shareholders transfer their equity. Article 72 stipulates: "Shareholders of a limited liability company may transfer all or part of their shares to each other. Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. Generally speaking, shareholders should get their due rights and interests on the basis of equity after paying capital investment for the establishment of the company. In fact, there are indeed many phenomena that companies infringe on equity rights and interests, which need to be solved urgently by company law, and shareholders can also defend their rights by entrusting lawyers.