Article 58 A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.
There are no restrictions on corporate investment. On the other hand, corporate investment should be a sole proprietorship, not a one-person company. According to relevant legal provisions, a legal person can invest in the establishment of two or more one-person limited liability companies, but this legal person refers to a one-person limited liability company, and this one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.
Relevant laws and regulations: "Company Law of the People's Republic of China"
Article 58 A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company. There is no legal restriction on how many limited liability companies a legal person can set up at the same time. Mainly based on Chapter 2, Section 3 of the Company Law of the People's Republic of China.
The special provisions for one-person limited liability companies are as follows:
1. Article 58 The establishment and organization of a one-person limited liability company shall be subject to the provisions of this section. If there are no provisions in this section, the provisions of Sections 1 and 2 of this Chapter shall apply. The term "one-person limited liability company" as used in this Law refers to a limited liability company with only one natural person shareholder or one legal person shareholder.
2. Article 59 The minimum registered capital of a one-person limited liability company is RMB 100,000. Shareholders shall pay in full the capital contribution amount stipulated in the company's articles of association in one lump sum. A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.
3. It has been emphasized above that a "natural person" can only establish a one-person limited liability company, but it has not been emphasized that a legal person can only establish a one-person limited liability company. I recommend to you Pingyang lawyer, Enping city lawyer Bobai lawyer, Sucheng lawyer Horqin lawyer, Pingnan lawyer Sanhe lawyer.
With the development of the innovation era, more and more people are choosing to start their own businesses. As we all know, the first step in starting a business is to establish a company. Many new entrepreneurs are still not sure what conditions need to be met to apply for the establishment of a limited liability company. Below, the editor will summarize the description of the conditions for establishing a limited liability company in the Company Law. Please read it carefully.
The following conditions must be met to establish a limited liability company:
(1) The shareholders meet the quorum;
(2) The shareholders’ capital contribution reaches the minimum legal capital limit;
(3) Shareholders * * * agree to formulate the company’s articles of association;
(4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;
( 5) Have a company domicile.
1. The shareholders meet the quorum. Quorum refers to legal qualifications and a limited number of persons. Legal qualifications refer to the qualifications as shareholders stipulated in national laws, regulations and policies. Quorum is the number of shareholders of a registered limited liability company as stipulated in the Company Law. The Company Law limits the number of shareholders of a limited liability company to two or more and less than fifty.
2. The registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered with the company registration authority. The initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor shall it be less than the legal minimum limit of registered capital. The remaining part shall be paid in full by shareholders within two years from the date of establishment of the company; among which, investment companies can pay in full within five years .
The minimum registered capital of a limited liability company is RMB 30,000. If laws and administrative regulations have higher provisions on the minimum registered capital of a limited liability company, such provisions shall prevail.
Minimum registered capital for corporate enterprises
Consulting fee 30,000 yuan
Transaction RMB 30,000
Service category RMB 30,000
The real estate is 30,000 yuan.
The investment service fee is RMB 30,000.
Finance RMB 30 million
Production and R&D of RMB 30,000
Telecom added RMB 1 million.
If the minimum registered capital of a limited liability company in a specific industry needs to be higher than that specified in the preceding paragraph, it shall be separately stipulated by laws and administrative regulations (for example, the auction industry requires at least 6.5438 million yuan in registered capital; a pawn shop requires at least 6.5438 million yuan in registered capital; 3 million registered capital).
3. Shareholders * * * formulate articles of association together. Formulating the articles of association of a limited liability company is an important step in the establishment of the company. This Articles of Association is formulated by all investors on the basis of voluntary consultation. With the consent of all investors, shareholders should sign and seal the company's articles of association.
4. Have a company name and establish an organizational structure that meets the requirements of a limited liability company.
When establishing a limited liability company, in addition to the general requirements for a corporate legal person name, the company name should also indicate "limited liability company" or "joint stock limited company". The establishment of an organizational structure that meets the requirements of a limited liability company means that the composition, formation and powers of the limited liability company's organizational structure 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 to two supervisors and the manager. The number of shareholders is large, the former is suitable for larger companies, and the latter is suitable for smaller companies.
5. Have a fixed production and operation site and necessary production and operation conditions.
The above is the relevant information compiled by the editor about the conditions for the establishment of a limited liability company. I would also like to remind everyone that before shareholders decide to establish a company, they must first negotiate the company name, business scope, and registered capital, and fill out the "Company Name Pre-Approval Application Form" at the local Industrial and Commercial Bureau. It will then be signed by the shareholders and submitted to the person in charge of the Industrial and Commercial Bureau. Complete company establishment procedures. If you have any questions about this issue, please consult a professional lawyer.