1. How many shareholders are there according to the law?
Require a certain trust relationship between shareholders, and limit the number of shareholders, so that the company can coordinate in major business decisions. To establish a general limited liability company, according to Article 24 of the Company Law of People's Republic of China (PRC), a limited liability company shall be established if there are less than 50 shareholders. At least 1 person. The new company law limits the maximum number of shareholders of a limited liability company to no more than 50; But there is no minimum number of people, that is to say, a one-person limited liability company can be established. Too many shareholders are not conducive to the company's decision-making, and too few procedures are incomplete.
2. What are the contents of shareholders' litigation rights?
"Shareholder's Representative Litigation" refers to that when the directors, supervisors and senior managers of the company violate laws, administrative regulations or articles of association when performing their duties, causing losses to the company, and the company fails to exercise the right of litigation, eligible shareholders can bring a lawsuit for damages to the court in their own name.
(1) mechanism: it is both a representative and an agent, with public welfare purposes. It is different from * * * litigation (representative litigation) and class litigation.
(2) Plaintiff qualification: Shareholders of a joint stock limited company who individually or collectively hold more than 65,438+0% of the company's shares for more than 65,438+080 consecutive days may bring a lawsuit on behalf of the company.
(3) Defendant's scope: The first category is directors, supervisors and senior managers as stipulated in Article 15 1 of the Company Law; The other category is "others" as stipulated in the third paragraph of Article 15 1, that is, if others infringe upon the legitimate rights and interests of the company and cause losses to the company, eligible shareholders may also bring a shareholder representative lawsuit. "Others" here should include any natural person and enterprise that infringes on the interests of the company, such as major shareholders, actual controllers, or debtors who illegally occupy the company's assets.
(4) Cause of responsibility: Violation of laws, administrative regulations or the Articles of Association, resulting in the occurrence of damage results of the company.
(5) Burden of proof: The "fault liability" is stipulated in the principle of imputation, and the plaintiff bears the burden of proof.
(6) Pre-procedure: Under normal circumstances, shareholders can't bring a lawsuit directly to the court, but should first seek the company's intention, that is, request the board of supervisors (supervisors) or the board of directors (executive directors) in writing to sue directors, supervisors, senior managers or other people who are representatives of the company. The board of supervisors, the supervisors, the board of directors and the executive director of a limited liability company without a board of supervisors refuse to file a lawsuit after receiving the written request from the shareholders specified in the preceding paragraph, or fail to file a lawsuit within 30 days from the date of receiving the request, or the interests of the company will be irretrievably damaged if the lawsuit is not filed immediately in an emergency. Eligible shareholders have the right to bring a lawsuit directly to the people's court in their own name for the benefit of the company. If others infringe upon the legitimate rights and interests of the company and cause losses to the company, the shareholders may bring a lawsuit to the people's court in accordance with the above provisions.
(7) Ownership of litigation results: belonging to the company, not to individual shareholders. Shareholders only share the interests of shareholders brought about by winning the financial case in proportion to their shares.
Shareholders of a company are generally obtained by general capital injection when the company is established. Shareholders of the company shall identify and deal with relevant situations in line with the principle of safeguarding the interests of the company's production and operation. The number of shareholders in the company is also clearly defined in law. In judicial practice, too many or too few shareholders will affect the normal development of the company.