We know that the establishment, business activities and dissolution of a company have legal norms, and this law is the company law. The company law stipulates in detail the affairs of the company from its establishment to its operation. So, what kind of law does company law belong to? Bian Xiao will provide you with the following contents for your reference.
1. What kind of law does the company law belong to? Company law belongs to the category of private law and is a commercial organization law with commercial behavior law. In the legal department, it belongs to the departmental law of commercial law. Company Law Article 1 This Law is formulated for the purpose of regulating the organization and behavior of companies, protecting the legitimate rights and interests of companies, shareholders and creditors, maintaining social and economic order and promoting the development of socialist market economy. Second, the scope of application of the Company Law The company mentioned in the Company Law of China has its specific scope of application: First, according to the principle of territoriality, it is a company established in China in accordance with the Company Law; Secondly, the organizational form is limited to limited liability companies and joint stock limited companies, and the legislation does not stipulate the organizational form of other companies, so it is not allowed to be established in practice. (1) The concept of a limited liability company: refers to an enterprise legal person established by all shareholders in accordance with the Company Law, and each shareholder is liable for the company within the limit of its capital contribution, and the company is liable for its debts with all its assets. Features: 1) There are certain restrictions on the number of shareholders of a limited liability company, which must be less than 50; 2) Shareholders shall bear limited property liabilities to the Company to the extent of their capital contribution; 3) Limited liability companies do not publicly raise capital; 4) The scale of the company can be large or small, with strong adaptability; 5) The establishment procedure of the company is simple and the organization is flexible. Conditions for establishment: 1) The number of shareholders meets the quorum; 2) Shareholders' capital contribution reaches the minimum legal capital of 30,000 yuan; 3) Shareholders * * * jointly formulate the Articles of Association; (4) Having a company name and establishing an organization meeting the requirements of a limited liability company; 5) Have a company residence. Mode of contribution: monetary contribution; Contributions in kind; Intellectual property investment; Capital contribution of land use right. (II) The concept of a joint stock limited company refers to an enterprise legal person established according to law. All its capital is divided into equal shares, and the company's capital is raised by issuing shares. Shareholders are liable to the company to the extent of their shares, and the company is liable to the company's debts with all its assets. Features: 1) The number of sponsors is limited, 2-200. 2) The capital of a company is divided into equal units called shares. 3) Shares are issued in the form of shares. 4) A joint stock limited company is a typical joint venture company with a large scale and complicated establishment procedures. Conditions for establishment: 1) The number of promoters reaches a quorum; (2) The share capital subscribed and raised by the promoters reaches the minimum statutory capital; (3) The issuance and preparation of shares comply with the law; (4) The promoters shall formulate the articles of association of the company, and the establishment by offering shall be approved by the founding meeting; (5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company; 6) Have a company residence. That's what Bian Xiao introduced to you. I believe that through the above contents, everyone has an answer to the question of what the company law belongs to. Company law belongs to the category of commercial law and has a certain scope of application. It is only applicable to limited liability companies and joint stock limited companies established in China, and there is no provision for other company organizational forms. For more related questions, you can consult a lawyer.