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The Company Further Lowered The Entry Threshold To Promote "White Start" Dream.

2014/1/13 10:41:00 47

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At the sixth session of the Standing Committee of the Twelfth National People's Congress (P), the decision to amend the company law was deliberated and implemented on March 1, 2014.

This is also the third amendment since the implementation of the company law in 1993.

Then, what aspects of the new company law have been revised? What problems should we pay attention to in the implementation of the new law? How to do well in the related work? < /p >


< p > < strong > reduce the entry threshold and establish the company almost "free" < /strong > /p >


What benefits will the < p > new company law bring to Zhenjiang's economic development? The director of the Registrar of Zhenjiang industrial and commercial bureau, < a href= "//www.sjfzxm.com/pioneer/" > Jiang Genyang < /a > has interpreted the new company law: the new company law's innovation and entry threshold of the company registration system will further create a favorable investment environment and business environment, stimulate investment enthusiasm, encourage entrepreneurship and promote employment, which will greatly promote the growth and development of small and micro enterprises, and it is of great significance to stimulating domestic demand and enhancing economic development power.

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< p > Jiang Genyang introduced that the specific contents of the revision of the company law include the deletion of the "paid in capital" in the seventh second paragraphs, and the deletion of twenty-seventh article third. "The total amount of money invested by all shareholders shall not be less than thirty percent of the registered capital of a limited liability company".

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< p > Jiang Genyang said that the establishment of a company's capital contribution must be passed by the accounting firm's capital verification report, which will become a history, and the cancellation of another cost threshold for the establishment of the company, plus the registration and registration of "zero fee" system implemented by the business sector last year, so that the establishment company has been almost "free".

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< p > < strong > setting up a dollar company. Will the "bag company" be flooded? < /strong > /p >


< p > the new company law has deleted the option of "paid in capital" to set up a dollar company. < /p >


< p > Jiang Genyang said that although the paid up capital is no longer a record of company registration, theoretically, one yuan can indeed register a limited company.

But at the same time, registered capital is still a matter of registration. Its size still determines the financial strength of a company and its ability to bear civil liability externally.

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< p > with the improvement of China's credit publicity system, the registration information and credit records of enterprises will be publicly posted on the Internet for public enquiries. Compared with the large capital companies of 100 billion yuan, the strength of the company with a registered capital of one yuan is self-evident, and smart businessmen will make wise choices.

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< p > in addition, the necessary venues, labor, equipment, business development and so on for the operation of the company need to be invested by shareholders, making the dollar company only stay on the concept.

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< p > Jiang Genyang introduced the reform of the registered capital registration system, starting from the intention of the legislators, apparently to relax control over the conditions and procedures for the establishment of the company.

The investment threshold has been reduced, the establishment of the company is more convenient, and ordinary people are worried about the so-called "bag company".

"We do not think this will happen in large scale."

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< p > Jiang Genyang stressed that the company law of China was implemented in 1993 and has a history of 20 years.

During this period, the company name, organization form and investors have been cleaned up and rectified, and relevant laws and regulations are being constantly revised and perfected.

To sum up, the soil of society has undergone a major pformation, and the legal environment has undergone a major pformation without worrying too much about this phenomenon.

Judging from the situation of Guangdong and Shanghai free trade areas that were first registered in the pilot capital reform, there were no large numbers of "Bag Companies".

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At the same time, < p > < strong > > wide entry, it is more necessary to "strict management" < /strong > < /p >.


< p > a company's constitution is the basic criterion of company behavior. It is the highest form of shareholder autonomy and the internal constitution of a company.

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< p > Jiang Genyang thinks that after the revision of the new < < a href= > //www.sjfzxm.com/news/index_q.asp > > < /a > >, the registered capital is changed from the real payment system to the subscription system. The paid capital system which was guaranteed by the credibility of the administrative organs was completely broken. At the beginning of the company, how to better define the rights and obligations among the shareholders, make the company's constitution better, how to restrain the shareholders when they fail to fulfill their subscription obligations in time, and handle the disputes of shareholders' operation, etc., may be a matter that many investors need to consider.

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< p > according to the statistics of Zhenjiang's < a href= "//www.sjfzxm.com/news/index_c.asp" > registration of industrial and commercial registration < /a >, as of last December, the Zhenjiang administrative service center business window handled 12 cases of shareholder disputes, and helped the court implement relevant equity freeze and pfer to 17.

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< p > Jiang Genyang said that the content of disputes involves many aspects, such as the way of operation, the direction of development, the distribution of profits, and the handling of creditors' rights. One of the important reasons is that the articles of association are not scientific and rigorous, and the rights and obligations of shareholders, and the pfer of stock rights are too broad, which will cause hidden trouble for future disputes. When shareholders' contradictions are irreconcilable, the normal operation of the company will be greatly affected.

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< p > "it can be said that the revision of the company law is the reform of registered capital registration, which gives more meaning to the management of enterprises."

Jiang Genyang said, "on the one hand, there will be more social members, including government departments, industry organizations, enterprises and the public, to jointly manage and restrict the operation of an enterprise.

On the other hand, we should pay attention to giving full play to industry self-discipline and the role of enterprises themselves, emphasizing the integrity of enterprises, and implementing the application of publicity of credit information of market players.

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