A joint-stock company is an organization that carries out entrepreneurial activities on a commercial basis. A distinctive feature of a joint stock company is that its authorized capital is divided into a certain number of shares, which certify the rights of their owners in relation to this company. Joint-stock companies are closed (less than 50 members) or open (the number of members is not limited).
Instructions
Step 1
Often, a joint stock company is created on the basis of an already existing legal entity by amending its statutory documents. The methods of formation are different, it can be transformation, separation, merging, separation. You can also form a joint stock company by establishing it (creating a new organization). Its founders can be both individuals and legal entities. In cases that do not contradict the legislation, the founders may include state and municipal authorities.
Step 2
The issue of establishing a joint stock company is decided at the general meeting of its founders. It also stipulates the management of the organization, approves statutory documents (charter and constituent agreement), establishes supervisory and control and audit bodies. At the end of the meeting, the founders conclude an agreement on the creation of a joint stock company, which prescribes the procedure for making contributions to the authorized capital and its size, goals and objectives of the company, type of activity, number of issued shares, other rights and obligations of the parties.
Step 3
After the settlement of all organizational issues, the constituent documents of the future company drawn up, namely the charter and the constituent agreement, are subject to state registration. For its implementation, the documentation (application for registration of the company, charter, articles of association, documents confirming the payment of the authorized capital) is sent to the registration chamber. After checking for compliance with the legislation of the requirements presented, a decision is made on state registration (by making an entry on the creation of a joint stock company in the unified state register of legal entities). After passing the state registration procedure, the joint-stock company is considered established, and it can begin to carry out its activities.