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What is a company sponsor?
The establishment of a joint stock limited company must have three elements: sponsors, funds and articles of association. Sponsor is an important condition for the establishment of a joint stock limited company, and it is also a prerequisite for the establishment of a company. So, what is the sponsor? There is no clear definition of this in China's company law. Professor Jiang Ping, a famous scholar in China, thinks: "The sponsor is the person who founded and prepared the joint-stock limited liability company." Professor Wang believes that promoters refer to "people who formulate the articles of association of the company in accordance with the provisions of the Company Law, subscribe for the shares they should subscribe for, undertake the preparatory work and take responsibility for the establishment of the company". These two definitions are too extensive, which is different from the actual situation in China. The establishment of a joint stock limited company may involve the efforts of many people, including lawyers and accountants. If all the people involved in the preparation of a joint stock limited company are regarded as sponsors, the boundaries between sponsors and others will be confused. Zheng Yubo, a scholar in Taiwan Province Province, believes that the sponsor is "the person who established the articles of association", that is, "the person who signed the articles of association". Mr. Liang Yuxian thinks that "anyone who prepares to set up a company and signs its articles of association" is the sponsor. According to article 129 1 of the Company Law of Taiwan Province Province, the person who usually signs and seals the articles of association is the sponsor. As for whether to actually participate in the company's establishment plan, there is not much to ask. This view has become a common saying in Taiwan Province Province. Although China's Company Law does not define the promoters, the Standard Opinions on Joint Stock Limited Companies holds that the promoters are "the people who conclude the promoters' agreement, apply for the establishment of the company, subscribe for the shares of the company, and are responsible for the establishment of the company." According to this regulation, the mainland of China believes that the promoters should also sign and seal the articles of association before they can become promoters. However, compared with Taiwan Province Province, China not only emphasizes that the promoters should sign the promoter agreement, but also emphasizes that the promoters should actually participate in the establishment of the company. However, whether this provision is necessary is debatable. If whether to sign or seal the articles of association is the standard to distinguish sponsors, their legal relationship is clear. However, it is difficult for ordinary people to know the articles of association of the company. Therefore, if someone actually participates in the establishment of the company without signing and sealing the articles of association, and a bona fide third party thinks that he is the initiator, it will be beneficial to protect the security of the transaction if he can bear the same responsibilities to the bona fide third party as the initiator. Therefore, what Jiang Ping and others said is also worthy of reference.