The Company Law of People's Republic of China (PRC) stipulates that after the establishment of a limited liability company, a capital contribution certificate shall be issued to the shareholders; A limited liability company shall keep a register of shareholders.
Second, the right to participate in decision-making
The Company Law stipulates that the shareholders' meeting of a joint stock limited company is composed of all shareholders. The shareholders' meeting is the authority of the company. Shareholders attending the shareholders' meeting shall have one vote for each share they hold. The resolution of the shareholders' meeting must be passed by more than half of the voting rights held by the shareholders present at the meeting. However, the resolutions of the shareholders' meeting to amend the Articles of Association, increase or decrease the registered capital, and the resolutions of the company's merger, division, dissolution or change of corporate form must be adopted by more than two thirds of the voting rights held by the shareholders present at the meeting.
Third, the right to choose and supervise managers.
The Company Law stipulates that according to the provisions of the articles of association or the resolutions of the shareholders' meeting, the shareholders' meeting may adopt the cumulative voting system to elect directors and supervisors.
Fourth, the right to return on assets.
According to the Company Law, when distributing the after-tax profits of the current year, the company shall allocate 10% of the profits to the company's statutory reserve fund, and 5% to 10% of the profits to the company's statutory public welfare fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn. If the statutory reserve fund of the company is insufficient to make up for the company's losses in previous years, the profits of the current year shall be used to make up for the losses before the statutory reserve fund and statutory public welfare fund are withdrawn in accordance with the provisions of the preceding paragraph. After the company withdraws the statutory reserve fund from the after-tax profits, it may withdraw any reserve fund upon the resolution of the shareholders' meeting. The remaining profits of the company after making up the losses and withdrawing the provident fund and statutory public welfare fund shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares held by shareholders of a joint stock limited company.
Verb (abbreviation of verb) the recovery of equity
The Company Law stipulates that in any of the following circumstances, the company may be requested to buy its shares: the company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in the Company Law; The merger, division or transfer of the company's main property; Other dissolution occurs after the expiration of the business term stipulated in the company's articles of association, and the shareholders' meeting adopts a resolution to amend the articles of association to make the company survive.
Sixth, the right to know.
The Company Law stipulates that shareholders have the right to consult the company's articles of association, register of shareholders, corporate bond stubs, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board meetings, financial and accounting reports, and make suggestions or questions on the company's operation.
Seven. The right to propose, convene and preside over the interim meeting of the shareholders' meeting.
The Company Law stipulates that if the board of directors is unable 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 fails to convene and preside over the meeting, shareholders who have held more than 0/0% of the shares of the company/KLOC-0 for more than 90 consecutive days may convene and preside over the meeting by themselves.
8. Give priority to the transfer and subscription of new shares.
The Company Law stipulates that under the same conditions, other shareholders have the priority to purchase the capital contribution transferred with the consent of shareholders; When the company increases its capital, the shareholders have the right to subscribe first in proportion to the paid-in capital? The Company Law stipulates that the shares held by shareholders can be transferred according to law. Shareholders shall transfer their shares in a legally established securities exchange or in other ways stipulated by the State Council.
9. Violate the interests of the company or shareholders in its own name.
Shareholders' representative litigation as stipulated in Article 152 and direct shareholder litigation as stipulated in Article 153 of the Company Law. The main difference between the two is that the former infringes on the interests of the company and the latter infringes on the interests of shareholders.
X. distribute the company's profits and obtain the company's surplus property.
Getting dividends is the motivation for shareholders to invest in establishing a company. Therefore, when the company makes up the losses and withdraws the statutory reserve fund, the shareholders can distribute the corresponding operating profits according to law. When the company decides to be dissolved or cancelled by the competent department for various reasons, the company can be cancelled after completing the liquidation procedure, thus terminating its qualification as a civil subject, and shareholders have the right to distribute the remaining property of the company in proportion to their capital contribution before the company is cancelled.
Extended data:
1. Shareholder's right refers to the property owned by one or more equity owners of an enterprise registered in accordance with the Company Law.
Two, relative to ownership, property rights, investor rights, shareholders' rights are the most clear and definite rights.
Third, the rights of shareholders are stipulated by law, so the rights of shareholders may be different in different countries.
Four, even in the same country, the rights of shareholders of different types of companies are different.
Five, in China, the law stipulates that the shareholders of a joint stock limited company can "decide the company's business policy and investment plan" through the shareholders' meeting.
References:
Shareholders' Rights-Baidu Encyclopedia