Current location - Trademark Inquiry Complete Network - Tian Tian Fund - The difference between the top ten shareholders and the top ten tradable shareholders
The difference between the top ten shareholders and the top ten tradable shareholders
The difference between the top ten shareholders and the top ten tradable shareholders;

1. The top ten shareholders refer to the total share capital, and list the top ten shareholders.

2. The top ten tradable shareholders refer to tradable share capital, and list the top ten tradable shareholders.

3. If there are no restricted shares, there is no difference between the top ten tradable shareholders and the top ten shareholders. If there are restricted shares, then the capital structure reflected by the top ten shareholders is more comprehensive. This data reflects the top ten shareholders who have the largest voice among the shareholders holding the company's shares.

4. The top ten tradable shareholders only reflect the situation of some shareholders, which is one-sided. This data reflects the ten shareholders who have the greatest influence on the secondary market price of this stock.

5. The tradable shares are relative to the securities market. Among the tradable shares, according to different market attributes, they can be divided into A shares, B shares, legal person shares and overseas listed shares. Corresponding to tradable shares, there are also non-tradable shares, which mainly refer to state shares and legal person shares that cannot be listed and circulated temporarily.

According to different standards, the shareholders of a company can be divided into the following categories:

I dormant shareholders and registered shareholders

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 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.

Two. Individual shareholders and institutional shareholders

According to the status of shareholders, they 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.

Three. 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.

Four. 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.

Legal basis:

Article 142 of the Company Law of People's Republic of China (PRC) * * * A company may not purchase its shares. However, except for one of the following circumstances:

(1) Reduce the registered capital of the company.

(2) Merging with other companies holding shares of the Company;

(3) Using shares for employee stock ownership plan or equity incentive;

(4) Shareholders request the company to purchase their shares because they disagree with the resolution of merger or division made by the shareholders' meeting;

(5) Using shares for the conversion of corporate bonds convertible into shares by listed companies.

(6) The need for listed companies to safeguard their own values and shareholders' rights and interests.

The company's acquisition of shares of the company under the circumstances specified in Items (1) and (2) of the preceding paragraph shall be decided by the shareholders' meeting; Where a company purchases its shares under the circumstances specified in Items (3), (5) and (6) of the preceding paragraph, it may make a resolution at a board meeting attended by more than two thirds of the directors in accordance with the provisions of the articles of association or the authorization of the shareholders' meeting.

After the company purchases its shares in accordance with the provisions of the first paragraph of this article, it shall be cancelled within 10 days from the date of acquisition if it falls under the circumstances of item (1); In case of items (2) and (4), it shall be transferred or cancelled within six months; In case of items (3), (5) and (6), the total number of shares held by the company shall not exceed 10% of the total number of shares issued by the company, and it shall be transferred or cancelled within three years.

When a listed company purchases its own shares, it shall fulfill the obligation of information disclosure in accordance with the provisions of the Securities Law of People's Republic of China (PRC). A listed company shall purchase its shares under the circumstances specified in items (3), (5) and (6) of the first paragraph of this article through public centralized trading.

A company may not accept its own shares as the object of pledge.