(1) The shares have been approved by the securities management department of the State Council and have been publicly issued to the public. In other words, the prerequisite for a joint stock limited company to become a listed company is that the company's shares have been publicly issued to the public, and it is a joint stock limited company established through fundraising. If it is a joint stock limited company initiated, it cannot directly become a listed company.
(2) The total share capital of the company is not less than 50 million yuan. The total share capital here includes the sum of the voting rights issued to the public and the shares subscribed by the promoters and issued to specific investors, not just the shares issued to the public.
(3) It has been in business for more than 3 years and has been making profits continuously in the last 3 years. Investors should analyze the companies they want to buy shares in order to understand the management, financial status and profitability of listed companies. At the same time, the securities management department should also check the company's situation. This is an analysis of his company for a long time. If the company has just been established, these situations will be out of the question.
(4) The number of shareholders holding shares with a face value of more than RMB 65,438+0,000 is not less than 65,438+0,000, and the shares publicly issued to the public account for more than 25% of the total shares of the company; If the company's total share capital exceeds 400 million yuan, the proportion of shares issued to the public is above 65,438+05%.
(5) The company has no major illegal acts in the last three years, and its financial and accounting reports have no false records. Listed companies should be enterprises with high reputation, and their production and operation should be carried out according to law. Illegal acts will lead to corporate crisis, so listed companies should have no major illegal acts. A major illegal act refers to an act that goes beyond the scope of business and operates by fraudulent means. These acts have to bear great legal responsibilities, such as warnings and revocation of business licenses. Of course, companies that have violated the law before can also become listed companies. Financial accounting report means that investors know about the company. If it is false, it is a major illegal act and a deception to investors. Investors can't know the real situation of the company, and naturally they can't become listed companies.
(six) other conditions stipulated by the State Council. The State Council is the highest administrative organ in China, and has the right to formulate administrative regulations and stipulate other conditions for listed companies according to China's economic development and comprehensive consideration of the whole economy.
Legal basis: Securities Law of People's Republic of China (PRC).
Article 11 To set up a joint stock limited company to publicly issue shares, it shall meet the conditions stipulated in the Company Law of People's Republic of China (PRC) and other conditions stipulated by the securities regulatory authority of the State Council approved by the State Council, and submit an application for offering shares and the following documents to the securities regulatory authority of the State Council:
(1) Articles of Association;
(2) Sponsor agreement;
(3) The name of the promoters, the number of shares subscribed by the promoters, the type of capital contribution and the capital verification certificate;
(4) the prospectus;
(5) The name and address of the bank that collects the shares;
(6) The name of the underwriting institution and relevant agreements.
Where a sponsor is hired in accordance with the provisions of this law, a letter of recommendation for issuance issued by the sponsor shall also be submitted.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the corresponding approval documents shall also be submitted.
Article 15 A public offering of corporate bonds shall meet the following conditions:
(1) Having a sound organizational structure;
(2) The average distributable profit in the last three years is enough to pay the interest of corporate bonds for one year;
(3) Other conditions stipulated by the State Council.
The funds raised by the public offering of corporate bonds must be used for the purposes listed in the Measures for Raising Corporate Bonds; Any change in the use of funds must be decided by the bondholders' meeting. The funds raised from the public offering of corporate bonds shall not be used to cover losses and unproductive expenditures.
When a listed company issues corporate bonds that can be converted into shares, it shall comply with the provisions of the second paragraph of Article 12 of this Law in addition to the conditions stipulated in the first paragraph. However, according to the way of raising corporate bonds, unless a listed company converts corporate bonds by buying its own shares.