Legal analysis
According to whether the actual capital contribution is consistent with the registration records, the shareholders of the company are divided into anonymous shareholders and prominent shareholders. A dormant shareholder refers to an investor who actually subscribes for the company's capital contribution or shares, but is recorded as another person in the company's articles of association, shareholder register and industrial and commercial registration. Dormant shareholders are also called dormant investors and actual investors. Nominal shareholders refer to shareholders whose contributions are consistent with their registered identities under normal circumstances. Sometimes it also refers to a person who does not actually contribute, but accepts the entrustment of anonymous shareholders. For the benefit of anonymous shareholders, registered as the trustee of shareholders in the industrial and commercial department, as shareholders can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy the rights of shareholders. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectively, all kinds of non-profit legal persons and funds and other institutions and organizations. Individual shareholders refer to ordinary natural person shareholders. According to the time and conditions of obtaining shareholder qualification, it can be divided into founding shareholders and general shareholders. A founding shareholder refers to a person who subscribes for capital contribution for the purpose of organizing, establishing a company, signing an establishment agreement or signing and sealing the articles of association of the company, and assumes corresponding responsibilities for the establishment of the company. Founding shareholders are also called original shareholders. The general shareholder refers to the person who obtains the company's capital contribution or equity by means of capital contribution, inheritance, accepting gifts, etc., thus enjoying the shareholders' rights and undertaking the shareholders' obligations.
legal ground
Article 12 of the Securities Law of People's Republic of China (PRC) shall meet the following conditions for the initial public offering of new shares: (1) having a sound organizational structure; (2) It has the ability of continuous operation; (3) The financial and accounting reports of the last three years have been issued with unqualified audit reports; (4) The issuer and its controlling shareholder or actual controller have not committed any criminal acts of corruption, bribery, embezzlement, misappropriation of property or disturbing the order of the socialist market economy in the last three years; (5) Other conditions as stipulated by the the State Council Securities Regulatory Authority approved by the State Council. When a listed company issues new shares, it shall meet the requirements stipulated by the securities regulatory authority of the State Council approved by the State Council, and the specific management measures shall be stipulated by the securities regulatory authority of the State Council. The public offering of depositary receipts shall meet the conditions for the initial public offering of new shares and other conditions stipulated by the the State Council Securities Regulatory Authority.