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Q&A Regarding New Company Law of 2024 (18)

Answer
Q:
How many shares do initiators of a joint stock limited company by establishment through initiation need to subscribe?
A:
Where a joint stock limited company is established through initiation, the initiators shall subscribe to the full number of shares to be issued at the time of the company's establishment as stipulated in the articles of association.

Q:
How many shares do initiators of a joint stock limited company by establishment through fundraising need to subscribe?
A:
Where a joint stock limited company is established through fundraising, the number of shares subscribed by the initiators shall not be less than 35% of the total number of shares to be issued at the time of establishment as stipulated in the company's articles of association; However, where laws and administrative regulations provide otherwise, such provisions shall prevail.

Q:
When should the initiators of a joint stock limited company pay the share payment?
A:
The initiator shall pay the full amount of the subscribed shares before the establishment of the company.

Q:
What are the consequences of the initiator not fully paying the share payment?
A: Where the initiator fails to pay the subscription fee according to the subscribed shares, or if the actual value of the non-monetary property used as the contribution is significantly lower than the subscribed shares, other initiators and this initiator shall bear joint and several liability within the scope of insufficient contribution.

Q:
What does the initiator need to do to publicly raise shares to the society?
A: When publicly raise shares to the society, the initiators shall publish a prospectus and prepare a subscription form. Subscribers shall pay the full amount of the shares subscribed for. After full payment of the funds for shares offered to the public, a capital verification institution established according to law shall verify the capital and issue a certificate.

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