Question 2: What are the forms of enterprise restructuring? Corporate enterprises, joint-stock cooperative enterprises, partnerships and sole proprietorship enterprises are the main forms of the original enterprise restructuring. In addition, the transformation of domestic companies into foreign-invested enterprises and foreign-invested enterprises into domestic enterprises is a special form. 1. Corporate enterprises mainly refer to limited liability companies and joint-stock companies, and limited liability companies also include wholly state-owned companies. (1) Limited liability company A limited liability company is an enterprise legal person established in accordance with the Company Law. Shareholders are liable to the company to the extent of their capital contribution, and the company is liable to its debts with all its assets. Limited liability company is the direction of the reform of small and medium-sized enterprises. According to the requirements of the Company Law, the number of shareholders of a limited liability company is more than 2 and less than 50, and both natural persons and legal persons (excluding business legal persons and self-supporting enterprise legal persons) can become shareholders of the company. The minimum registered capital is set according to its operation, such as the registered capital of a production and operation or commercial wholesale company shall not be less than RMB 500,000; The registered capital of a commercial retail company shall not be less than RMB 300,000; The registered capital of a technology development, consulting and service company shall not be less than 654.38 million yuan. A wholly state-owned company refers to a limited liability company established by a state-authorized institution or a state-authorized department. Wholly state-owned companies are not the main direction of establishing a modern enterprise system, and their scope of application is very narrow. For example, it involves the national economy and people's livelihood, state monopoly (military industry) and non-competitive industries, and general competitive industries are not suitable for restructuring into wholly state-owned companies. (2) A joint stock limited company is an enterprise legal person established in accordance with the Company Law, and all its capital is divided into equal shares. Shareholders are liable to the company to the extent of their shares, and the company is liable to its debts with all its assets. The establishment of a joint stock limited company has two forms. One is to initiate the establishment, and the share capital is all subscribed by sponsors, with more than five sponsors. This is the so-called unlisted company, and the registered capital needs more than 6,543,800 yuan; Another way is to set up a public offering, where the promoters subscribe for part of the issued share capital (not less than 35%) and the rest are publicly offered to the public. This is a listed company. Limited by Share Ltd is a form of enterprise organization that will flourish in the future. Now, in general, according to the principle of first restructuring and then listing, a joint stock limited company is established to initiate. Industrial enterprises, high-tech enterprises and other capital-intensive and technology-intensive enterprises are suitable for limited liability companies. Among them, enterprises with large scale, advanced technology, good benefits and good development prospects can set up a joint stock limited company with the approval of the authorized department of the State Council or the provincial people's government to raise more development funds through listing. 2. Joint-stock cooperative enterprises The joint-stock cooperative system is based on the cooperative system, absorbs some practices of the joint-stock system, and implements the enterprise organization form based on the trade unions and capital of enterprise employees. When the original joint-stock cooperative enterprise is rebuilt, the total share capital of individual shares and collective shares of employees should be the main part of the total share capital of the enterprise, that is, not less than 565,438+0% of the total share capital. Under special circumstances, with the consent of more than two-thirds of the shareholders of the shareholders' meeting and the staff (representative) meeting or the cooperative shareholders' meeting, it may be appropriately reduced. Joint stock cooperative enterprises do not have state-owned shares. State-owned assets can be used as borrowed funds, and capital occupation fees are paid according to regulations. They can also be purchased or funded by employees of enterprises. Where financial leasing is implemented, the enterprise shall pay the rent to the lessor within the prescribed time limit in accordance with the lease contract. State-owned enterprises and other enterprises, institutions, associations and joint economic organizations with legal personality may participate in shares, but the capital contribution shall not exceed 49% of the total share capital. Labor-intensive enterprises, such as restaurants, hotels and other small and medium-sized commercial enterprises, are suitable for joint-stock cooperative system, because employee labor cooperation is the basis for creating wealth, and the combination of benefits and capital is not obvious, but it is obvious with employee labor, and its registered capital is more than 30 thousand yuan, which is more flexible. 3. A partnership enterprise refers to an organizational form in which all partners enter into a partnership agreement, * * * jointly contribute, operate in partnership, * * * enjoy the benefits, * * * bear the risks, and bear unlimited joint and several liabilities for the debts of the partnership enterprise. A partnership enterprise does not have legal person status. Only two or more natural persons with unlimited liability need to be partners, sign a partnership agreement, have the actual capital contribution of each partner, have the name of the enterprise, have business premises and the necessary conditions for engaging in partnership operation. 4. A sole proprietorship enterprise refers to a sole proprietorship enterprise invested by a natural person, and its property belongs to the investor, who uses his personal property for the enterprise. & gt
Question 3: The meaning of enterprise restructuring refers to the process of changing the original capital structure, organizational form, management mode or system of an enterprise according to law, so that it can objectively meet the new needs of enterprise development. In China, the original state-owned and collective enterprises with single ownership are generally changed into corporate enterprises and joint-stock cooperative enterprises with multiple investors, or domestic and foreign-funded enterprises are transformed into each other.
Restructuring also refers to the change of enterprise ownership: the restructuring plan of state-owned enterprises should be approved by the workers' congress or the workers' congress; The restructuring of important wholly state-owned enterprises must be audited by the state-owned assets management institution and reported to the corresponding level for approval. Important wholly state-owned enterprises are determined according to the regulations of the State Council. The restructuring of private enterprises should be approved by the board of directors or the shareholders' meeting. Assets reorganization: assets reorganization of listed companies and assets reorganization of unlisted companies.
Usually, the enterprise restructuring we refer to refers to the restructuring of state-owned enterprises, but in a broad sense, it also includes the restructuring of other enterprises, such as collective enterprises, joint-stock cooperative enterprises and Chinese-foreign cooperative enterprises. Even more types of non-enterprise units, such as institutions, are also collectively referred to as enterprise restructuring. The objects of enterprise reorganization include limited liability companies and joint-stock companies, especially with the increasing demand for listing, many enterprises take listed joint-stock companies as their reorganization objects.
Question 4: The difference between enterprise restructuring and reorganization. baike.baidu/view/ 1368543? . fr=ala0_ 1
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Question 5: What exactly does "restructuring" mean in enterprise restructuring? Is restructuring good or bad for employees/restructuring is the operating mechanism of enterprises. Generally, state-owned enterprises are restructured into private enterprises. For employees, it should have a negative impact, because the biggest beneficiary of the reorganization is the shareholders of the new company, usually the management of the original enterprise. After they take over, it is normal to reduce or not raise wages and benefits, because the money originally spent by the state is now spent on its own money. These two are different in nature, and their impact on business operation is neutral, because there is no substantial change.
Question 6: What does enterprise restructuring mean? Please give an example of what kind of behavior is reorganization? Ask experts to answer in a popular way. Thank you for your popularity. In the past, all state-owned enterprises and collective enterprises were changed to company system (shareholding system).
First, there are various forms of enterprise restructuring, and China has generally changed to shareholding system.
The so-called enterprise restructuring, in China, is to change the original state-owned and collective enterprises with single ownership into corporate enterprises and joint-stock cooperative enterprises with multiple investors.
II. Specific contents involved in reorganization:
Change the original capital structure, organizational form, management mode or system of enterprises to meet the new needs of enterprise development objectively.
Three, the goal of enterprise restructuring is to establish a modern enterprise system.
The most typical and representative modern enterprise system is the company system. The implementation of the company system reform can realize the diversification of property rights subject and bring about the diversification of property rights structure. A corporate enterprise refers to an enterprise form established by a natural person or a legal person alone or jointly. The company has the characteristics of legal personality, profit-making, independent legal personality, independent property rights and independent responsibility.
1, overall restructuring (purely private)
Overall restructuring refers to the overall transformation into a standardized enterprise that meets the requirements of modern enterprise system based on all assets of the enterprise and through asset reorganization. Overall restructuring is particularly suitable for small and medium-sized enterprises.
2. Partial reorganization (state-owned holding or equity participation)
Partial reorganization refers to the reorganization of enterprises with partial assets, and the establishment of new enterprises by absorbing investment from other shareholders or transferring part of equity, and the original enterprises will remain. Partial reorganization is more suitable for the reorganization of large enterprises, especially when establishing a joint stock limited company.
Question 7: What does unit reform mean?
As the name implies, unit restructuring refers to institutional changes, such as changing from public institutions to enterprises, rather than simply changing from state-owned enterprises to private enterprises. This is only a change between enterprises, which is essentially different.
Question 8: What does the restructuring of state-owned enterprises mean? Why reform? What are the main forms of companies? State-owned enterprises are the products of planned economy, which are embodied in the following aspects: (1) life tenure system for cadres and personnel; (2) It is established by the state or local financial allocation; (3) There is no shareholder constraint, only the superior administrative department, which leads to insufficient motivation to pursue economic interests and social benefits.
The so-called restructuring of state-owned enterprises refers to the restructuring of state-owned enterprises into enterprise legal persons, that is, independent directors and supervisors, who operate independently and are responsible for their own profits and losses.
Break through the three major problems in the restructuring of state-owned enterprises
The report of the 16th National Congress of the Communist Party of China pointed out, "We should deepen the reform of state-owned enterprises, further explore various effective forms of public ownership, especially state ownership, and vigorously promote enterprise system, technology and management innovation. Except for a few enterprises that must be wholly owned by the state, we will actively promote the shareholding system and develop a mixed ownership economy. Diversification of investors ... relax the market access of domestic private capital and take measures in investment and financing, taxation, land use and foreign trade to achieve fair competition. Strengthen supervision and management according to law and promote the healthy development of the non-public economy. "
The restructuring of state-owned enterprises is the focus of the CPC Central Committee, the difficulty of current work, and the focus of legal, business and people's attention. Reorganization involves three major issues: asset disposal, equity setting and personnel placement. Enterprise restructuring is an important and urgent task, and it is a complex system engineering with strong policy and complicated legal relationship. Whether the restructuring can be carried out smoothly is directly related to the appreciation of national assets, the development of enterprises themselves and the interests of employees. The reorganization involves a wide range of interests. If it is not handled properly, it may cause social unrest, hinder economic development and affect the image of foreign investment.
The reform of state-owned enterprises is to establish a modern enterprise system. The basic content of modern enterprise system should be a new enterprise system that adapts to the requirements of socialist market economy, is based on a perfect enterprise legal person system, is guaranteed by a limited liability system, takes companies as the main form, and is based on clear property rights, clear rights and responsibilities, separation of government from enterprises and scientific management. The ultimate goal is to solve the problem of enterprise development motivation. To establish such an enterprise system, we need to solve three major problems in the process of restructuring, namely, asset disposal, equity setting and personnel placement. The legal relations involved in these three major issues are complicated and intertwined, and the restructured enterprises cannot complete it independently, which requires the participation of professional intermediaries, such as law firms participating in the whole process and issuing legal opinions. Through a comprehensive and in-depth introduction of intermediary agencies
Question 9: What is enterprise restructuring? If it is a state-owned enterprise, it mainly controls SASAC. If it is a private enterprise, it can be directly restructured.
Question 10: What does it mean to transform local state-owned enterprises into joint-stock private enterprises? What is a private enterprise? Please explain it simply and easily. 5 points is to transfer a certain proportion of shares to private shareholders, and the local area is no longer the largest shareholder. Transform local state-owned enterprises into private enterprises, change enterprise structure and increase competitiveness!