Legal analysis: (1) Shareholders meet the quorum. Quorum refers to the legal qualifications and limited number of people. Legal qualification refers to the qualification as a shareholder stipulated by national laws, regulations and policies. (2) Shareholders' capital contribution reaches the minimum statutory capital. The company must have enough funds to operate normally. Without the contribution of shareholders, the company cannot be established. The total capital contribution of shareholders must reach the minimum amount of statutory capital. Where the minimum registered capital of a limited liability company in a specific industry needs to be higher than that stipulated in the preceding paragraph, it shall be stipulated separately by laws and administrative regulations. Shareholders can contribute capital in cash, in kind, industrial property rights, non-patented technology and land use rights. The amount of investment with industrial property rights and non-patented technology at a fixed price shall not exceed 20% of the registered capital of a limited liability company, unless the state has special provisions on the adoption of high-tech achievements. (3) Shareholders * * * jointly formulate the Articles of Association. The Articles of Association of the Company shall be formulated by all investors on the basis of voluntary consultation. With the consent of all investors, the shareholders shall sign and seal the Articles of Association. (4) Having a company name and establishing an organization meeting the requirements of a limited liability company. To establish a limited liability company, in addition to the general provisions on the name of an enterprise as a legal person, it is also necessary to indicate "limited liability company" or "joint stock limited company" in the company name. The establishment of an organization that meets the requirements of a limited liability company means that the composition, formation and authority of the organization of a limited liability company meet the requirements stipulated in the Company Law. The organizational structure of a company generally refers to the shareholders' meeting, the board of directors, the board of supervisors, the manager or the shareholders' meeting, the executive director, one or two supervisors and the manager. (5) Having a fixed place for production and business operation and necessary conditions for production and business operation.
Legal basis: People's Republic of China (PRC) Company Law.
Article 23 The establishment of a limited liability company shall meet the following conditions: (1) The number of shareholders shall reach a quorum; (2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association; (3) Shareholders * * * agree to formulate the Articles of Association; (4) Having a company name and establishing an organization meeting the requirements of a limited liability company; (5) Having a company domicile.
Article 24 A limited liability company shall be established by capital contribution of shareholders with less than 50 persons.
Article 25 The articles of association of a limited liability company shall specify the following items: (1) the name and domicile of the company; (2) The business scope of the company; (3) The registered capital of the company. (4) Names of shareholders. (5) The mode, amount and time of contribution by shareholders. (6) The organizational structure of the company, its methods of formation, powers and rules of procedure; (7) The legal representative of the company; (eight) other matters that need to be stipulated by the shareholders' meeting. Shareholders shall sign and seal the articles of association.
Article 26 The registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered with the company registration authority. Where laws, administrative regulations and decisions of the State Council have other provisions on the paid-in registered capital and the minimum registered capital of a limited liability company, those provisions shall prevail.
Article 27 Shareholders may make capital contributions in cash or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and can be transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations. Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.