1. How many shareholders does the general meeting of shareholders in China need?
The shareholders' meeting in China needs more than two people. Different types of companies have different requirements for the number of shareholders. The maximum number of shareholders of a limited liability company is no more than 50, and the maximum number of shareholders of a joint stock limited company is no less than 2 and no more than 200.
Article 23 of the Company Law of People's Republic of China (PRC) shall meet the following conditions for the establishment of a limited liability company:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
Article 24 A limited liability company shall be established by capital contribution of shareholders with less than 50 persons.
Article 78 To establish a joint stock limited company, there shall be two or more promoters, more than half of whom shall have their domicile in China.
2. What are the main types of shareholders?
According to different standards, the shareholders of a company can be divided into the following categories:
(1) dormant shareholders and registered shareholders
According to whether the actual capital contribution is consistent with the registration records, we divide the shareholders of the company into anonymous shareholders and named 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 not actually contributing capital, but accepting the entrustment of anonymous shareholders and registering as the trustee of shareholders in the industrial and commercial department for the benefit of anonymous shareholders.
(2) Individual shareholders and institutional shareholders
According to the status of shareholders, it can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy shareholder rights. 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.
(3) Founding shareholders and ordinary 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.
(4) Controlling shareholders and non-controlling shareholders
According to the number and influence of shareholders, they can be divided into controlling shareholders and non-controlling shareholders. Controlling shareholders are divided into absolute controlling shareholders and relative controlling shareholders. The controlling shareholder refers to the shareholder whose capital contribution accounts for 50% of the total limited liability capital or whose voting rights are sufficient to have a significant impact on the shareholders and the resolutions of the shareholders' meeting.
In addition, the shareholders of a company can also be divided into major shareholders and minor shareholders. Of course, this is a set of relative concepts.
In our real life, there are very clear rules for shareholders. For example, shareholders include individual shareholders and institutional shareholders, but in any case, the number of different types of shareholders is stipulated by different laws and regulations. When holding a general meeting of shareholders, there are also very clear restrictions on the number of shareholders present.