1. What are the requirements for changing a factory into a company?
The following conditions need to be met when a factory is restructured into a company:
1. There are qualified shareholders;
2. Capital contribution subscribed by all shareholders;
3. There are 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.
Legal basis: company law
Article 23 Conditions for the establishment of a limited liability company The establishment of a limited liability company shall meet the following conditions:
(1) Shareholders meet the 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.
Enterprise restructuring is also called "enterprise reorganization". In China, it refers to the process that state-owned enterprises, collective enterprises and township enterprises are reorganized from the traditional organizational system into a company system that meets the requirements of the modern enterprise system in accordance with China's Company Law and other laws and regulations.
Second, the way of enterprise restructuring
1, overall reorganization
Overall restructuring refers to the overall transformation into a standardized enterprise that meets the requirements of modern enterprise system based on all assets of the enterprise and through asset reorganization. Overall restructuring is particularly suitable for small and medium-sized enterprises.
2. Partial reorganization
Partial reorganization refers to the reorganization of enterprises with partial assets, and the establishment of new enterprises by absorbing investment from other shareholders or transferring part of equity, and the original enterprises will remain. Partial reorganization is more suitable for the reorganization of large enterprises, especially when establishing a joint stock limited company.
Operation process of partnership enterprise restructuring into limited company
To change a partnership into a limited liability company, it shall meet the conditions of a limited liability company as stipulated in the contract law. See Article 23 of the Company Law for details. Specifically, it is necessary to liquidate the partnership property of the original partnership enterprise, take the liquidated property as the registered capital of the limited liability company, and convert the original partner's capital contribution ratio into the capital contribution ratio in the company. The debts of the original partnership shall be borne by the changed company. If the debtor disagrees with the change, it needs to be paid off in advance.
We can understand that according to the regulations, certain conditions need to be met when a factory is changed into a company. A company must register a certain number of people and a certain amount of funds before it is established. I hope you can understand.