Provisions on Several Issues Concerning the Application of the < PRC Company Law > (3)
关于适用《中华人民共和国公司法》若干问题的规定（三）
The Provisions are formulated to clarify the application of the PRC Company Law in trials concerning the establishment of companies, capital contributions and confirmation of equity interests.
Issue: March 2011
CLP Reference: 2330/11.01.27
PRC Reference: 法释 [2011] 3号
Promulgated: 27 January 2011
Effective: 16 February 2011
Keywords (click to search):
PRC Company Law
establishment of companies
capital contribution
equity interests
shareholder
creditor
(Promulgated by the Supreme People’s Court on January 27 2011 and effective as of February 16 2011.)
(最高人民法院於二零一一年一月二十七日公布，自二零一一年二月十六日施行。)
The following provisions have been formulated in respect of issues concerning the application of the law by people’s courts in the trial of disputes involving the establishment of companies, capital contributions, confirmation of equity interests, etc., in light of trial practice, in order to correctly apply the PRC Company Law.
为正确适用《中华人民共和国公司法》，结合审判实践，就人民法院审理公司设立、出资、股权确认等纠纷案件适用法律问题作出如下规定。
Article 1: Persons that, for the purposes of establishing a company, execute the company’s articles of association, subscribe for the capital contributions to, or shares in, the company and perform the duties involved in the establishment of the company shall be deemed the promoters of the company; such promoters include the shareholders of a limited liability company at the time of its establishment.
第一条 为设立公司而签署公司章程、向公司认购出资或者股份并履行公司设立职责的人，应当认定为公司的发起人，包括有限责任公司设立时的股东。
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