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Q&A Regarding New Company Law of China (29)

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Q: What are the state funded companies?
A: State funded companies refer to state-owned sole proprietorships and state-owned capital holding companies funded by the state, including limited liability companies and joint stock limited companies funded by the state.

Q: How to determine the responsibilities and rights of investors in state funded companies?
A: State funded companies are represented by the State Council or local governments respectively to fulfill the responsibilities of investors and enjoy the rights and interests of investors in accordance with the law.

Q: How to formulate the articles of association of a wholly state-owned company?
A: The articles of association of a wholly state-owned company shall be formulated by the organization performing the responsibilities of the investor.

Q: What should be done if a stock of a joint stock limited company is lost?
A: A wholly state-owned company does not have a board of shareholders, and the authority of the board of shareholders is exercised by the organization that performs the responsibilities of the investor.

Q: What are the members of the board of directors of a wholly state-owned company?
A: More than half of the members of the board of directors of a wholly state-owned company shall be outside directors, and there shall be representatives of the company's employees.
The members of the board of directors shall be appointed by the organization performing the functions and responsibilities of investors; However, the employees' representatives among the members of the board of directors shall be elected by the employees' congress of the company.
The board of directors shall have a chairman and may have a vice chairman. The chairman and vice chairman shall be appointed from among the members of the board of directors by the organization performing the duties of investor.

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