Is the voting right of the company per person or per share?

Legal analysis

The voting rights of shareholders of a limited company are generally exercised in proportion to their capital contribution, but the articles of association may provide otherwise, that is, they may not exercise their voting rights in proportion to their capital contribution. The exception is that the voting rights of shareholders of limited companies are exercised according to the proportion of capital contribution, and the equity transfer is voted by the head, which is the only situation stipulated in the company law. A joint-stock company is a pure joint-stock company. The voting form is related to the shares, each share has one right, and the same shares have the same right, which is mandatory by law and otherwise stipulated in the articles of association.

legal ground

Article 42 of the Company Law of People's Republic of China (PRC), the shareholders shall exercise their voting rights in proportion to their capital contribution; However, unless otherwise stipulated in the articles of association.

Article 71 Shareholders of a limited liability company may transfer all or part of their shares to each other. Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.