1, the conditions for the establishment of an enterprise are:
(1) The promoters meet the quorum;
(2) The share capital subscribed by the promoters and publicly raised by the society has reached the legal minimum capital;
(3) The issuance and offering of shares comply with the law;
(4) The articles of association formulated by the promoters shall be adopted by the founding meeting;
(5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company. The organization of a joint stock limited company consists of shareholders' meeting, board of directors, manager and board of supervisors.
2. Legal basis: Article 6 of People's Republic of China (PRC) Company Law.
To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
2. What is the way to set up a joint stock limited company?
The ways of establishing a joint stock limited company mainly include:
1, initiated and established.
That is, all the shares are subscribed by the promoters, and public offering is not allowed.
2. Offering and establishment.
That is, the promoters only subscribe for part of the shares, and the rest are openly recruited for the society. In different countries, the provisions for establishing a joint stock limited company are different. Some countries stipulate that a company can only be established if all its shares are fully recognized. Some countries stipulate that if a joint stock limited company implements the legal capital system, it shall be established on the condition that all the shares are subscribed; Where a joint stock limited company implements the authorized capital system, it may not subscribe for all the shares.