公司法案例分析00（Case study of company law 00）.docVIP

公司法案例分析00（Case study of company law 00） Case study of corporate law Raised Limited by Share Ltd [case] In April 1966, the city economic cooperation development company and automobile group company (private) and other 3 companies signed the promoters agreement set up a Limited by Share Ltd to raise the auto parts, the company registered capital of 50 million yuan, raise up. In May 6th of the same year, the relevant departments of the province approved the establishment of the company. 3 Promoters Company according to the agreement of the constitution, part of the subscription shares, draft prospectus signed stock underwriting agreement, the depository agreement, approved by the securities regulatory authority under the State Council, to the public offering. Because of the prospects of the development of the auto parts company bright, so shares to raise well, issued shares after the full payment by the agreed capital verification institution, they believe that the task has been completed, has not held the inaugural meeting, the shareholders strongly request only after 2 months to create a set called meeting sponsor plan, only through the above product represents the total number of shares of 1/3 subscribers who attended the meeting, decided some legal matters. [problem] 1., the auto parts company raised the establishment of what is the problem? 2. what are the problems with the procedures for convening the inaugural meeting in this case? [analysis] 1. of Chinas company law stipulates that the establishment of a Limited by Share Ltd shall have 5 or more sponsors, there must be more than half of the promoters have domicile in China territory, it is the focal alteration of state Limited by Share Ltd, sponsors can be less than 5 people, but should be established by way of public. In this case, the company does not belong to the form of rebuilding state-owned enterprises, but only 3 promoters have failed to meet the statutory requirements. 2. on the creation of the general