Do registered companies have to own shares?

Mondo Finance Updated on 2024-01-31

There are many procedures that need to be handled before the establishment of a company, such as each company has a legal representative, which is stipulated by law, in order to enable the company to have personnel responsible for the operation process, then the company's legal person can not occupy the shares?

A legal person may not hold shares!

According to Article 13 of the Company Law, "the legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed. "The chairman and executive director are definitely shareholders, but the manager is not necessarily a shareholder. Because managers are usually hired by the board of directors, there are also directors who act as managers. Therefore, the legal representative of the company does not have to be a shareholder.

Shareholders: are the investors of the company, and the shareholders constitute the shareholders' meeting, which is the highest authority of the company and decides all major affairs of the company. A limited liability company must have a shareholders' meeting, but the law on the establishment of foreign investment only has a board of directors, and the board of directors acts on behalf of the shareholders' meeting, and a wholly state-owned company does not have a shareholders' meeting, and major issues are decided by the board of directors at the request of an institution authorized by the state. The shareholders' meeting is not a permanent institution of the company, and if the shareholders are unable to attend the shareholders' meeting for any reason, they may entrust others in writing to exercise their rights on their behalf.

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