Equity registration means that the securities registration and settlement institution is entrusted by the issuing company to register the equities held by all its shareholders. Equity registration is a legal act to determine or change specific stock holders and their equities, an important link to protect the legitimate rights and interests of investors, and the key to regulating securities issuance and securities trading.
According to the provisions of the “Company Law”, equity registration is manifested in four forms, including the company’s articles of association, capital contribution certificate, shareholder register and industrial and commercial registration. In theory, there is the delivery and transfer of equity, which is subject to the delivery of the capital contribution certificate, or the record in the shareholder register, or the industrial and commercial registration.
According to the provisions of my country’s “Company Law”, the articles of association of a limited liability company shall state the names of shareholders, the method of capital contribution, the amount of capital contribution and the time of capital contribution. After the company is established, it shall issue a capital contribution certificate to the shareholders, prepare a register of shareholders, record the basic information of the shareholders in the register of shareholders, and report to the industry and commerce authority the name of the company’s promoters, the amount of subscribed and paid-in capital, and the time of capital contribution. , Registration of capital contribution. In the event of a subsequent acquisition of equity, the company shall cancel the capital contribution certificate of the original shareholder, revise the records of the shareholders and their capital contribution in the company’s articles of association and the register of shareholders accordingly, and go through the modification registration with the industry and commerce authority.
According to its purpose and function, equity registration can be divided into entitlement registration and declarative registration. Entitlement registration means that the corresponding legal relationship cannot be created without registration, and registration gives the company the right to become a civil subject. Declarative registration means that the generation and existence of a legal relationship is not affected by the exercise of the registration act, the legal relationship between the parties effectively exists, and the registration or not is only a matter of whether a bona fide third party can claim rights against the parties. influences.