What are the capital verification provisions of the new company law?
1. What are the capital verification provisions of the new company law? Does the paid-in capital of the new company law need to be verified? Most companies no longer need to verify capital. Just go directly to the industrial and commercial bureau to register. The new Company Law has deleted Article 29 of the original Company Law. Article 29 of the original "Company Law" stipulates that after a shareholder makes a capital contribution, it must be verified by a legally established capital verification institution and issued with a certificate. This shows that the establishment of a new company in the future will no longer need to go through the capital verification procedures in the registration process. However, in the new Company Law, "if laws, administrative regulations and decisions of the State Council have provisions on the paid-in amount and minimum amount of registered capital, those provisions shall prevail." Relevant laws and regulations require companies in the following industries. Capital verification is also required: 1. Limited by Share Ltd established by offering: People's Republic of China (PRC) Company Law; 2. Commercial banks: People's Republic of China (PRC) Commercial Bank Law; 3. Foreign banks: Regulations of People's Republic of China (PRC) Municipality on the Administration of Foreign Banks; 4. Financial asset management companies: Regulations on Financial Asset Management Companies; 5. Banking Supervision Law of the People's Republic of China. Finance Company: Banking Supervision Law of the People's Republic of China. Financial Leasing Company: Banking Supervision Law of the People's Republic of China. Auto financing company: Banking Supervision Law of the People's Republic of China. Consumer Finance Company: Banking Supervision Law of the People's Republic of China 65444. Banking Supervision Law of the People's Republic of China 1 1, Banking Supervision Law of the People's Republic of China for Village Banks 12, Banking Supervision Law of the People's Republic of China for Lending Companies 13, Banking Supervision Law of the People's Republic of China for Rural Credit Cooperatives 13. Banking Supervision Law of the People's Republic of China 15, Securities Company: People's Republic of China (PRC) Securities Law 16, Futures Company: Regulations on Futures Trading 17, Fund Management Company: People's Republic of China (PRC) Securities Investment Fund Law 18, Insurance Company:. Insurance professional agencies and insurance brokers: People's Republic of China (PRC) Insurance Law, 20 pages. Foreign-funded insurance companies: Regulations of People's Republic of China (PRC) on the Administration of Foreign-funded Insurance Companies 2 1. Direct selling enterprises: direct selling management regulations 22 pages. Foreign labor cooperation enterprises: regulations on the administration of foreign labor cooperation. Financing guarantee company: the management of financing guarantee company. Labor dispatch enterprises: The 28th executive meeting of the State Council decided. Pawnshop: The 28th executive meeting of the State Council decided. Insurance Asset Management Company: The 28th executive meeting of the State Council decided. Microfinance companies: The 28th executive meeting of the State Council decided. In addition, foreign-funded enterprises need to conduct capital verification in any industry and need to find an accounting firm to issue a capital verification report. Two. Matters needing attention for shareholders' capital contribution under the new company law (1) An enterprise shall subscribe for a reasonable amount of capital contribution according to its own strength. According to the new company law, the amount of capital contribution can be decided by the shareholders (promoters). Therefore, there is a view that shareholders (promoters) can subscribe for registered capital at will and fail to fulfill their capital contribution obligations indefinitely. In fact, even according to the revised company law, shareholders (promoters) still bear limited liability to the company within the scope of subscribed capital contribution. The scope of subscribed capital contribution is still the decisive factor to determine the responsibility scope of shareholders (promoters). And it does not mean that you can not fulfill your investment obligations indefinitely. You can agree on the investment period, but it doesn't mean that you don't need to bear the responsibility if you don't fulfill your investment obligations for a long time. Even if there is no mandatory statutory capital contribution period, the shareholders (promoters) who have fulfilled their capital contribution obligations still have the right to require the shareholders (promoters) who have not fulfilled their capital contribution obligations to undertake their capital contribution obligations. Therefore, when establishing a company, shareholders (promoters) should still rationally and objectively negotiate to determine the registered capital and investment period. Avoid unrealistically subscribing for capital contribution and violating the obligation of capital contribution without taboo, so as not to aggravate your own responsibilities and bear unnecessary liabilities for breach of contract. (2) Choose an appropriate mode of investment. According to the provisions of the new Company Law, the forms of capital contribution available to shareholders mainly include currency and physical objects, intellectual property rights, land use rights and other non-monetary properties, which can be valued in currency and can be transferred according to law. According to the provisions of the new law, combined with the actual operation, this paper analyzes the matters needing attention in various common modes of capital contribution. Therefore, under the premise of ensuring the normal operation of the company, according to the provisions of the new company law, the company does not need to provide a capital verification certificate, but only needs to go to the relevant industrial and commercial departments for an appraisal, so it is not difficult for us to understand that the capital verification provisions of the new company law are actually very large and convenient for some corresponding personnel.