put questions to 180000 lawyers answer online
home page > Selected answers > Stock Selection Answer > Whether minors can become shareholders of the company

Whether minors can become shareholders of the company

Time: July 2, 2024 label: Company operation stock right Reading: 1199 people
Lawyer's analysis:
In accordance with the People's Republic of China company law 》According to the regulations, the age of shareholders is not subject to any restrictions, which means that even minors have the opportunity to serve as shareholders of the company.
However, because minors are regarded by law as unable to complete civil liability The undertaker or the limited civil liability person, whose age and intellectual development level are still unable to fully understand and handle the various matters involved in the preparation and establishment of the company, therefore, Shareholders' rights Should be designated by law agent People will act as agents.
Legal basis:
Article 19 of the Civil Code
Minors over the age of eight are persons with limited capacity for civil conduct, and when performing civil legal acts, they shall be represented by their legal representatives or approved and ratified by their legal representatives;
However, they may independently perform civil legal acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 20 of the Civil Code
Minors under the age of eight are persons without capacity for civil conduct, and their legal representatives shall act as agents for civil juristic acts.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

The standard of equity distribution proportion of a company is usually determined according to the amount of capital contribution of shareholders, the agreement in the articles of association and the provisions of laws and regulations. The proportion of equity distribution in a limited liability company may be determined by the shareholders through consultation and shall be specified in the articles of association. Here are some common

The standard of equity distribution proportion of a company is usually determined according to the amount of capital contribution of shareholders, the agreement in the articles of association and the provisions of laws and regulations. The proportion of equity distribution in a limited liability company may be determined by the shareholders through consultation and shall be specified in the articles of association. Here are some common

The duration of equity transfer depends on many factors, including the process of transfer, the type of company, the terms of equity transfer agreement, approval procedures, etc. 1. Signing of equity transfer agreement: After both parties reach the transfer intention, they need to sign an equity transfer agreement. 2. Internal decisions

Selected pictures and texts Pufa video Voice Answers
  • What should we do if minority shareholders are expelled for accusing major shareholders of embezzlement

     Legal Advisor

    Legal Advisor

    According to Article 151 of the Company Law, the minority shareholders may appeal if they think that the major shareholders' occupation of their positions has caused damage to the company. If the company ignores or the situation is urgent, the minority shareholders may file a private complaint. If excluded, the cause shall be investigated first, and illegal exclusion can be prosecuted. According to the circumstances, the court decided that the major shareholder should be responsible for the loss caused by the occupation of his position. In a word, the minority shareholders can be sued to recover their identity and claim compensation. If the majority shareholders are guilty, they should bear the responsibility.

    Views: one thousand and thirty-six 2024-07-04
  • Whether equity transfer must be notarized

     Legal Advisor

    Legal Advisor

    The change of the company's share capital can be notarized voluntarily, which is not mandatory. Notarization can effectively avoid potential risks and enhance the credibility and traceability of transactions in the case of equity transfer, personal inability to be present, protection of rights and interests consensus or as legal evidence.

    Views: eight hundred and forty-three 2024-07-03
  • Whether the equity transfer must be notarized before taking effect

     Legal Advisor

    Legal Advisor

    The equity transfer of enterprises can choose notarization to avoid disputes and risks. Notarization can provide legal protection, but it is not a mandatory requirement, in the four cases of doubt or dispute, entrusted agent signing, the protection of rights and interests as the core, and the need for notarial certificate as proof materials.

    Views: one thousand four hundred and ninety-eight 2024-07-03
  • How can a dormant shareholder be recognized as a shareholder of the company

    Lawyer Liu Wanfen

    When requesting confirmation as a shareholder of the Company, the dormant shareholder shall provide evidence to prove that there is a legal and effective proxy shareholding agreement between the dormant shareholder and the nominal shareholder. At the same time, it shall be noted that if the dormant shareholder aims to circumvent the mandatory provisions of the law, for example, in order to circumvent the prohibitive provisions of the law that prohibit certain subjects from investing in specific industries, to invest in the name of others, Then the contract signed between the dormant shareholder and the nominal shareholder will be invalid, and cannot protect the shareholders' rights of such dormant shareholders.

    Play volume: one thousand two hundred and one 2022-06-15
  • How to confirm the qualification of dormant shareholders

    Lawyer Liu Wanfen

    When requesting confirmation as a shareholder of the Company, the dormant shareholder shall provide evidence to prove that there is a legal and effective proxy shareholding agreement between the dormant shareholder and the nominal shareholder. At the same time, it shall be noted that if the dormant shareholder aims to circumvent the mandatory provisions of the law, for example, in order to circumvent the prohibitive provisions of the law that prohibit certain subjects from investing in specific industries, to invest in the name of others, The contract signed between the dormant shareholder and the nominal shareholder will be deemed invalid due to violation of the provisions of the Civil Code.

    Play volume: one thousand and thirty-four 2022-06-15
  • What are the rights of dormant shareholders

    Lawyer Peng Yanlin

    A dormant shareholder refers to an investor who, for a specific reason, establishes a company in the name of others and does not show his name in legal documents such as the articles of association and the register of shareholders. In fact, the apparent shareholders are the proxy holders of the dormant shareholders, and the actual effect of the rights of the apparent shareholders in the company belongs to the dormant shareholders. As the dormant shareholder is the actual contributor, according to the agreement between the dormant shareholder and the nominal shareholder, the investment income shall belong to the dormant shareholder.

    Play volume: four hundred and fifty-five 2022-06-09
 Legal Counsel

Nomogram

Consult immediately
  • What are the conditions for shareholder representative litigation

    1027 people read

    As for shareholder representative litigation, the first condition is that the plaintiff must be a shareholder of a limited liability company, and its shares must exceed 1% of the company's total share capital. This ratio requirement ensures that the litigant has sufficient equity interests and influence, so as to more effectively represent the interests of the company and other shareholders, and safeguard the company's rights and interests and shareholders' rights and interests. The purpose of this provision is to balance the interests of the company and shareholders, and ensure the legitimacy and effectiveness of litigation.

  • How many methods are there for measuring the cost of long-term equity investment?

    1301 people reading

    The cost of long-term equity investment can be calculated in two rigorous ways: the cost method is applicable to the situation where the invested enterprise can be controlled substantively, taking into account the cash disbursements for purchasing equity, cash equivalents for issuing equity and related costs; The fair value method is applicable to situations where no significant intervention can be imposed. The cost change is reflected in the income statement according to the enterprise value measurement estimated by the market.

  • What are the conditions for derecognition of long-term equity investment

    1342 people reading

    The derecognition of long-term equity investment shall meet the following conditions: 1) shareholders have not fully fulfilled their contribution obligations, and there are legal flaws; 2) The shareholders have no right to distribute the profits during the operation period, and have no right to request changes in profits; 3) Except for the explicit agreement, the profit distribution shall be based on the actual proportion of capital contribution. If it is not involved, the company cannot confirm the investment; 4) When the remuneration is a fixed amount, other influencing factors shall be considered.

  • What are the judgment bases for impairment of long-term equity investment

    1377 people read

    The key factors to determine the impairment of long-term equity investment include: 1. When the actual value of equity investment recovery of subsidiaries, joint ventures or associated enterprises is significantly lower than the book value, the book value should be adjusted. 2. When the enterprise is unable to exercise main control, joint management or significant influence on the invested entity, and cannot obtain fair value in the active market, it shall recognize the impairment loss based on the book value and referring to the present value of similar financial assets.

How long is the sentence of 100000 yuan for illegal operation How long is the general sentence for rape How to Judge Juvenile Fraud How to compensate and sentence for intentional injury and minor injury How to Judge Attempted Crime of Intentional Injury Severely injured, Grade II, intentional injury, sentenced to several years Sentencing standard of intentional injury death How many years will be sentenced for serious injury How long is the sentence for stealing items above 2000 yuan How to judge the disability caused by intentional injury How to punish people who participate in fraud cases Will you be sentenced for intentional injury How to Judge the Voluntary Surrender for the Crime of Intentionally Injuring Others Law of the People's Republic of China on Penalties for Intentional Injury to Public Security Administration Several years for intentional minor injury How many years is the maximum sentence for theft How to Judge the Crime of Intentionally Injuring People with Knives How long is the sentence for the crime of allowing others to take drugs How many years to be sentenced for intentional wounding Causing trouble and intentional injury How long is the sentence for the crime of intentionally causing death How many years will be sentenced for intentional injury How long is the general sentence for theft not exceeding 2000 yuan Serious injury caused by intentional injury crime How long can a person be sentenced to a blow to a bone fracture How long is the general sentence for intentional injury causing minor injury How to judge serious injuries caused by intentional injuries How to compensate for the crime of intentionally hurting others How to Judge and Compensate for the Crime of Intentionally Injuring Others How long is the sentence for the crime of affray
View All