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; The voting rights of directors and supervisors of the company; Distribute the company's profits and enjoy the right to share dividends; Issuing stock creditor's rights; Claim for share transfer.
The right to claim bearer shares instead of registered shares; The right to dispose of the remaining property when the company fails to operate, declares closure and goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders.
Extended data:
According to the provisions of the Company Law, the ways to obtain the company's shareholder qualification are mainly divided into the following three situations:
Qualification acquisition
I. Original acquisition
Refers to the shareholder qualification obtained by contributing capital to the company or subscribing for shares. The original acquisition can be divided into two situations:
The original acquisition when 1. was established. That is, to invest in the company on the basis of its establishment, so as to obtain shareholder qualification. The people who have obtained the shareholder qualification in this way include all promoters when the limited company is established, promoters and subscribers when the joint-stock company is established.
2. Original acquisition after establishment. That is, after the company is established, when it increases its capital, it obtains shareholder qualification by contributing capital to the company or subscribing for shares.
Second, derivative acquisition.
Derivative acquisition, also known as transfer acquisition or derivative acquisition, is to obtain shareholder qualification through transferee, gift, inheritance and company merger, and the transferee, donee, successor and successor of shares become new shareholders of the company.
Third, acquisition in good faith
Acquisition in good faith means that the transferee of shares obtains shares in good faith from the person without rights according to the transfer method stipulated in the Company Law, thus obtaining the qualification of shareholders. Because bona fide acquisition can directly acquire equity without relying on the will of the transferor, it is a special original acquisition method.
Generally speaking, obtaining shareholder qualification in good faith shall meet the following conditions:
(1) The stock itself is valid;
(2) shares can be dissolved, and shares prohibited by law cannot constitute bona fide acquisition;
(3) It must be obtained from the person without rights. If the transferor is a legal obligee, it is not necessary to start the bona fide acquisition system;
(4) Subjectively in good faith, without malice or gross negligence, if the transferor obtains the stock knowingly or negligently, it cannot obtain the equity;
(5) Obtaining shares by means of share transfer as prescribed by law, obtaining registered shares by endorsement, and delivering bearer shares.
Baidu Encyclopedia-Shareholders