1. What are the responsibilities of shareholders in the Articles of Association of the Company Law?
1. Abide by laws, administrative regulations and the Articles of Association;
2. Pay the capital contribution in full and on time, and may not withdraw the capital contribution;
3. Do not abuse the rights of shareholders to harm the interests of the company or other shareholders; Should be liable for compensation according to law.
4. Do not abuse the company's independent legal person status and the limited liability of shareholders to harm the interests of the company's creditors. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.
2. What are the classifications of shareholders?
1, dormant shareholders and registered shareholders
According to whether the actual capital contribution is consistent with the registration records, we divide the shareholders of the company into anonymous shareholders and named shareholders. A dormant shareholder refers to an investor who actually subscribes for the company's capital contribution or shares, but is recorded as another person in the company's articles of association, shareholder register and industrial and commercial registration. Dormant shareholders are also called dormant investors and actual investors. Nominal shareholders refer to shareholders whose contributions are consistent with their registered identities under normal circumstances. Sometimes it also refers to not actually contributing capital, but accepting the entrustment of anonymous shareholders and registering as the trustee of shareholders in the industrial and commercial department for the benefit of anonymous shareholders.
2. Individual shareholders and institutional shareholders
According to the status of shareholders, it can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy shareholder rights. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectively, all kinds of non-profit legal persons and funds and other institutions and organizations. Individual shareholders refer to ordinary natural person shareholders.
3. Founding shareholders and ordinary shareholders
According to the time and conditions of obtaining shareholder qualification, it can be divided into founding shareholders and general shareholders. A founding shareholder refers to a person who subscribes for capital contribution for the purpose of organizing, establishing a company, signing an establishment agreement or signing and sealing the articles of association of the company, and assumes corresponding responsibilities for the establishment of the company. Founding shareholders are also called original shareholders. The general shareholder refers to the person who obtains the company's capital contribution or equity by means of capital contribution, inheritance, accepting gifts, etc., thus enjoying the shareholders' rights and undertaking the shareholders' obligations.
To sum up, China's company law stipulates the rights and obligations of shareholders. In addition, the articles of association should also have such provisions. Shareholders' responsibilities in the Articles of Association of the Company Law include observing laws and regulations, fulfilling capital contribution obligations, and not harming the interests of other shareholders or abusing shareholders' power. Shareholders who harm the interests of other shareholders and cause economic losses shall bear civil liability for compensation, and those suspected of violating the law and committing crimes will be investigated for criminal responsibility.
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