One: Legal analysis
But for a law firm, you can't be a shareholder in the company. When a lawyer becomes a shareholder of a company, he must buy shares of the company or accept shares transferred by other shareholders, pay the consideration and abide by the provisions of the articles of association. A full-time lawyer may be a shareholder (investor) or an independent director, but not a full-time director, supervisor or legal representative. The Measures for the Administration of Partnership Law Firm is only a departmental regulation of the Ministry of Justice, which was formulated to meet the needs of the staff of public institutions in the judicial administrative department at that time, so it has its limitations. According to the provisions of the Lawyers Law, lawyers are not restricted from engaging in business activities.
Two: lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Three. Content supplement
Shareholders refer to individuals or units that bear limited or unlimited liabilities for the debts of joint-stock companies and enjoy dividends and bonuses by holding shares. Shareholders who subscribe for shares from joint-stock companies have certain rights and obligations. The main rights of shareholders are: to attend the shareholders' meeting and have the right to vote on major issues of the company; Voting rights of directors and supervisors of the company.
Four: Based on analysis
According to whether the actual capital contribution is consistent with the registration records, the shareholders of the company are divided into anonymous shareholders and prominent shareholders. A dormant shareholder refers to an investor who actually subscribes for the company's capital contribution or shares, but is recorded as another person in the company's articles of association, shareholder register and industrial and commercial registration. Dormant shareholders are also called dormant investors and actual investors. Nominal shareholders refer to shareholders whose contributions are consistent with their registered identities under normal circumstances. Sometimes it also refers to a person who does not actually contribute, but accepts the entrustment of anonymous shareholders. For the benefit of anonymous shareholders, registered as the trustee of shareholders in the industrial and commercial department, as shareholders can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy the rights of shareholders. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectively, all kinds of non-profit legal persons and funds and other institutions and organizations. Individual shareholders refer to ordinary natural person shareholders. According to the time and conditions of obtaining shareholder qualification, it can be divided into founding shareholders and general shareholders. A founding shareholder refers to a person who subscribes for capital contribution for the purpose of organizing, establishing a company, signing an establishment agreement or signing and sealing the articles of association of the company, and assumes corresponding responsibilities for the establishment of the company. Founding shareholders are also called original shareholders. The general shareholder refers to the person who obtains the company's capital contribution or equity by means of capital contribution, inheritance, accepting gifts, etc., thus enjoying the shareholders' rights and undertaking the shareholders' obligations.
legal ground
Company Law of the People's Republic of China
1. Article 3
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
2. Article 4
Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.
3. Article 28
Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law. Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time. "