1. Do all shareholders need to sign the articles of association of the joint-stock company?
The Articles of Association need to be signed and confirmed by all shareholders, and reported to the industry and commerce for the record. There are basically two ways to set up a company, namely, initiation and fundraising.
Initiation and establishment are also "simultaneous establishment" and "simple establishment". The promoters subscribe for all the shares of the company or the shares issued in the first phase to establish the company. A limited liability company can only be established by way of sponsorship, which is funded by all shareholders. A joint-stock company may also adopt the method of initiating the establishment.
The establishment of public offering is also "gradual establishment" or "compound establishment", that is, the promoters only subscribe for the shares of the company or part of the shares issued in the first phase, and the rest are raised to set up the company. This method can also be used as long as the conditions are met.
2. What are the registration procedures for company establishment?
The founder of a company shall first apply to the local administrative department for industry and commerce. To establish a limited liability company, the representative designated by all shareholders or the agent entrusted by * * * shall be the applicant; The applicant for the establishment of a wholly state-owned company shall be an investment institution or a department authorized by the state; The board of directors is the applicant for the establishment of a joint stock limited company.
To apply for the establishment of a limited liability company, the following documents shall be submitted to the company registration authority: an application for establishment registration signed by the legal representative of the company; Certificate of the designated representative or entrusted agent of all shareholders; A capital verification certificate issued by a capital verification institution established according to law in the Articles of Association, except as otherwise provided by laws and administrative regulations; If the shareholder's initial capital contribution is non-monetary property, it shall submit the certification documents that the company has gone through the formalities of property right transfer at the time of establishment registration and the asset evaluation report of the relevant non-monetary property; Qualification certificate of shareholders or identity certificate of natural persons, etc.
The establishment of a joint stock limited company can be initiated or raised. Sponsor refers to the company established by the sponsors who subscribe for all the shares that should be issued by the company. The establishment by public offering means that the promoters subscribe for part of the shares that should be issued by the company and raise the remaining shares to the public or specific objects to establish the company.
Therefore, if a company belongs to a joint-stock company, its articles of association have been finalized, and all shareholders need to sign for confirmation at this time. When shareholders have disputes over the articles of association, they need to negotiate to amend them. After all shareholders sign and confirm, the Articles of Association shall be reported to the Industrial and Commercial Bureau for the record before it can be put into use.