Procedures for raising and establishing a joint stock limited company

The establishment by public offering means that the promoters subscribe for part of the shares that should be issued by the company, and the rest of the shares are publicly offered to the public to establish the company. The establishment of a joint stock limited company by public offering must go through the following steps:

1. The promoters subscribe for a specified number of shares. That is, before issuing shares to the public, the promoters must make sure that the shares they have identified must account for more than 35% of the total shares, and the promoters must fill in relevant written documents to confirm that the number and amount of shares meet the statutory requirements.

2. Apply for public offering. Documents approving the establishment of a joint stock limited company must be obtained first. Then, the promoters must also apply to the securities management department of the State Council for offering shares, and submit the required relevant materials and documents. After approval, they can publicly issue shares to the public.

3. Subscription and payment. That is, after obtaining the approval of the application for stock issuance from the securities administration department of the State Council, the sponsors will make public the prospectus for the public to understand, so as to attract investors to subscribe for shares, and the subscribers will fill in the subscription form, so that the sponsors can know about the subscription situation for notification and contact. After completing the subscription book, the subscriber shall pay the subscription fee according to the number and amount of shares subscribed by the subscription book within the time specified in the sponsors' announcement.

4. Inaugural meeting. The founding meeting shall be held within the specified time after the share capital of the issued shares has been paid in full. The meeting was presided over by the sponsors and attended by the subscribers, and discussed major issues concerning the establishment of the company and the organization of the company.

5. Apply for registration of establishment. The members of the board of directors and the board of supervisors elected by the founding meeting constitute the board of directors and the board of supervisors. After the founding meeting, the board of directors mainly participated in and was responsible for the registration of the establishment of a joint stock limited company.

6. Announcement and filing. After the company is established, it shall be announced. Moreover, after the establishment of a joint stock limited company, if it adopts the method of offering shares, it shall report the situation of offering shares to the securities management department of the State Council for the record.

legal ground

Article 84 of the Company Law stipulates that if a joint stock limited company is established by offering, the shares subscribed by the promoters shall not be less than 35% of the total shares of the company; However, if there are other provisions in laws and administrative regulations, those provisions shall prevail.