Q&A Regarding New Company Law of China (28)
Q: | Can the shares issued before the public offering of shares by a joint stock limited company be transferred? |
A: |
The shares issued by the company before the public offering of shares shall not be transferred within one year from the date of listing and trading of the company's shares on the stock exchange. Where there are other provisions in laws, administrative regulations or the securities regulatory body under The State Council regarding the transfer of shares held by shareholders and actual controllers of listed companies, such provisions shall prevail. |
Q: | Under what circumstances can a shareholder request a company to acquire its shares? |
A: |
Under any of the following circumstances, a shareholder who votes against the resolution of the shareholders' meeting may request the company to purchase its shares at a reasonable price, except for a company that has publicly issued shares:
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Q: | Can a joint stock limited company acquire its shares? |
A: |
The company shall not acquire its shares. However, any of the following circumstances shall be excluded:
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Q: | What should be done if a stock of a joint stock limited company is lost? |
A: |
If a stock is stolen, lost or destroyed, the shareholder may request the people's Court to declare the stock invalid in accordance with the public notice procedure stipulated in the Civil Procedure Law of the People's Republic of China. After the people's court declares the stock invalid, the shareholder may apply to the company for reissuance of the stock. |
Q: | How does the shareholder status of a natural person shareholder inherit after his death? |
A: |
After the death of a natural person shareholder, his legal successor may inherit the shareholder qualification; However, unless otherwise provided in the articles of association of a joint stock limited company with limited transfer of shares. |