It is illegal for state employees to invest in private companies, but it violates the law that civil servants are prohibited from doing business. The consequence is that the unit will punish them and may ask them to withdraw their shares. The Civil Service Law clearly stipulates that civil servants cannot engage in business activities. Adhere to the party's management of the party and strictly manage it in an all-round way. Strengthen the education, management and supervision of the Party's organizations at all levels and all party member, put discipline ahead, pay attention to grasping early and small, and prevent delaying the opportunity.
1. Can employees of state-owned enterprises be shareholders in private enterprises?
Employees of state-owned enterprises can invest in other enterprises as shareholders. As long as you are not a civil servant.
1. Regarding the relationship between shareholders and the company, according to Article 97 of the Company Law, shareholders have the right to consult the company's articles of association, register of shareholders, corporate bond stubs, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports, and make suggestions or questions on the company's operation.
2. In the shareholder relationship, all shareholders have equal status and enjoy the same rights and interests in principle, but other provisions can be made in the company's articles of association.
A wholly state-owned company is solely funded by the state, and the the State Council or the local people's government authorizes the state-owned assets supervision and administration institution of the people's government at the corresponding level to perform the responsibilities of the investor.
As investors, shareholders have the right to share profits, make major decisions and choose managers. The effect of promoting economic development. Promote the horizontal financing of funds and the horizontal connection of economy, and improve the overall efficiency of resource allocation.
Second, the classification 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.
Legal basis:
"China * * * regulations on disciplinary action of the production party" article 94.
Whoever engages in profit-making activities in violation of relevant regulations and commits one of the following acts, if the circumstances are minor, shall be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the Party or be placed on probation; If the circumstances are serious, be expelled from the Party:
Commercial enterprises;
(2) owning shares or securities of unlisted companies (enterprises);
(3) buying and selling stocks or investing in other securities.
(four) engaged in paid intermediary activities;
(5) registering a company or investing in shares outside the country (territory);
(six) other profit-making activities in violation of relevant regulations.
Buying and selling stocks by using the information obtained in the decision-making and approval process of participating in enterprise restructuring, private placement, merger and acquisition investment, land use right transfer, and using the influence of authority or position to obtain abnormal profits by purchasing trust products and funds. , in accordance with the provisions of the preceding paragraph.
Those who work part-time in economic organizations, social organizations and other units in violation of relevant regulations, or who are approved to work part-time but get extra benefits such as wages, bonuses and allowances, shall be dealt with in accordance with the provisions of the first paragraph.