Party A, Party B and Party C intend to jointly establish a limited liability company (hereinafter referred to as the Company) and jointly draft the Articles of Association. The main points of the draft articles of association are as follows:
The total registered capital of the company is 6 million yuan. The amount, mode and time of contribution by all parties are: 6,543,800,000 yuan, including 700,000 yuan in cash, 6,543,800 yuan in computer software, 200,000 yuan in cash for the first time, and the rest in cash and computer software within 654.38+0 years from the date of establishment of the company;
Party B contributed 6,543,800 yuan, including 6,543,800 yuan for machinery and equipment and 500,000 yuan for franchise rights, which shall be fully paid within 6 months from the date of establishment of the company; Party C contributed 2.7 million yuan in cash, 900,000 yuan in cash for the first time, the remaining 654.38 million yuan was paid within two years from the date of establishment of the company, and the remaining 800,000 yuan was paid in the third year.
The specific questions are as follows:
1. Whether the total initial investment of the company's investors complies with the relevant provisions of the Company Law, and explain the reasons.
The total initial investment does not meet the requirements. According to the regulations, the initial contribution of all shareholders of a limited liability company shall not be less than 20% of the registered capital, nor shall it be less than the statutory minimum registered capital. (P54) In this topic, the initial contribution of the three shareholders is RMB 65,438+0,654,380+million, which is less than 20% of the registered capital.
2. Whether the total amount of monetary investment of the company's investors conforms to the relevant provisions of the Company Law, and explain the reasons.
The total amount of monetary investment meets the requirements. According to the regulations, the monetary contribution of all shareholders shall not be less than 30% of the registered capital of a limited liability company. The monetary contribution of the three shareholders is RMB 3,400,000.00 Yuan, which exceeds 30% of the registered capital.