As the main body of equity investment business, equity investment funds need to have certain organizational forms. At present, the organizational forms of equity investment funds in China are mainly company system, partnership system and contract system. There are many factors that affect the choice of organizational forms, including legal basis, regulatory requirements, adaptability to equity investment business, practical requirements for fund operation, and tax burden.
According to the relevant provisions of the Company Law, the establishment of a limited liability company shall meet the following conditions: the number of shareholders shall reach a quorum; All shareholders subscribe for capital contribution in accordance with the Articles of Association, and shareholders * * * have the company name in the Articles of Association, and establish an organization meeting the requirements of a limited liability company; There is a company residence.
According to the relevant provisions of the Company Law, the establishment of a joint stock limited company shall meet the following conditions: the number of promoters shall reach a quorum; The total amount of capital subscribed by all promoters or the total amount of paid-in capital raised conforms to the provisions of the articles of association; The issuance and preparation of shares comply with the law; The promoters shall formulate the articles of association and establish an organization that meets the requirements of a joint stock limited company, and the company name shall be approved by the founding meeting; There is a company residence.