In the course of operation, if there are suitable investment projects, the company can invest abroad with the approval of the shareholders' meeting. Through investment, the company can enhance its competitiveness and realize diversified development. For companies, foreign investment is a major issue, and the company law also has relevant provisions on it. Then, what are the provisions of the Company Law on the company's foreign investment? Let's follow Bian Xiao to learn about it.
1. What are the provisions of the Company Law on the company's foreign investment?
According to Article 15 of the Company Law, a company may invest in other enterprises. This is because the company is a legal person, enjoys the right to operate independently, and can assume its own responsibilities. Investing with one's own property is a normal requirement for the company's development and is allowed by law. A company can not only invest in other limited liability companies or joint stock limited companies, but also invest in other enterprises outside the company. Generally speaking, a company's foreign investment can only bear limited liability, and unless otherwise provided by law, it shall not be the investor who bears unlimited joint liability for the debts of the invested enterprise. The company's foreign investment shall not exceed 50% of its net assets.
According to Article 16 of the Company Law, if a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the general meeting of shareholders in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Second, what is the purpose of the company's foreign investment?
1, foreign investment is conducive to making full use of idle funds (assets) of enterprises and improving the efficiency of capital use.
2. Through foreign investment, we can develop the external resources and material sources of enterprises, especially in other places or abroad, ensure the low-cost and stable supply of energy and materials, and better solve the problem of insufficient supply of some resources in the production and operation of enterprises.
3. Through foreign investment, enterprises can open up new product markets and expand sales scale.
4, through joint ventures, joint ventures, it is convenient to directly obtain advanced technology from other units at home and abroad, and quickly improve the technical level of enterprises.
5. Holding investment can help enterprises expand with less capital.
6. Foreign investment is an important way to obtain economic information. In the process of feasibility study, joint venture negotiation, investment project construction and foreign investment management, various channels and favorable conditions can be used to capture all kinds of information useful to enterprises in time.
To sum up, foreign investment is a regular activity of the company, which can improve the efficiency of the company's capital use. According to the provisions of the Company Law on the company's foreign investment, the company's foreign investment can only bear part of the responsibility, and the investment amount shall not exceed 50% of the company's net assets. If the company provides external guarantee, it must be approved by the shareholders' meeting and more than two-thirds of the shareholders.