Recently, the Company Law of the People's Republic of China (Amendment) was officially passed on December 29, 2023, which has attracted widespread attention. According to the authoritative interpretation, the amendment has made substantial changes to the original company law, and the changes are as high as about 86%. For a boss who is running a private enterprise, this news is undoubtedly an emergency alarm and needs to be saved in time.
First of all, the new company law has carried out major reforms in terms of the establishment of companies, registered capital, and capital contribution methods. In the past, private enterprises often needed to reach a certain registered capital before they could be established, which put pressure on many entrepreneurs. The new company law abolishes the minimum registered capital requirement, making it easier for entrepreneurs to set up companies and lowering the threshold for starting a business. In addition, the new company law also allows enterprises to make capital contributions in kind, intellectual property rights, etc., further broadening the ways of capital contribution. The boss of a private enterprise can choose the most suitable way of capital contribution according to his own situation and manage his funds more flexibly.
Second, the new company law has strengthened the supervision of corporate governance. In the past, governance problems of private enterprises occurred from time to time, and some enterprises had problems such as damage to shareholders' rights and interests and financial opacity. To address these issues, the new company law imposes stricter regulatory requirements and strengthens the protection of shareholders' rights and interests.
For example, the new company law requires companies to conduct annual financial audits, which will help to identify and resolve corporate financial problems in a timely manner. In addition, the new company law also clearly stipulates the duties and rights of independent directors, and the addition of independent directors will help improve the company's governance.
In addition, the new company law also improves the exit mechanism of private enterprises. In the past, enterprises may need to be dissolved or liquidated for various reasons, but the relevant legal provisions are relatively vague and imperfect, making it difficult for enterprises to exit. The new company law clearly stipulates the procedures for dissolution and liquidation, and strengthens the supervision of debt liquidation, providing a clearer legal basis for enterprises to exit. This will enable the owners of private enterprises to dissolve and liquidate in a more orderly manner when facing the dilemma of exiting, so as to reduce losses.
In the face of major changes in the new company law, how should a private enterprise boss carry out emergency self-rescue?
First of all, private enterprise owners need to have an in-depth understanding and study of the new company law in a timely manner, and clarify the specific impact of the new law on their own business operations. You can consult a lawyer or relevant professional organization to understand the specific requirements of the provisions of the new law, and make corresponding adjustments and improvements in a timely manner. Second, the boss of a private enterprise should take the initiative to communicate with partners and employees, jointly study the impact of the new company law on the operation of the enterprise, and formulate corresponding countermeasures and response plans.
By strengthening internal management and standardizing operations, the level of corporate governance will be improved to meet the requirements of the new company law. In addition, private enterprise owners can consider seeking the help of professional organizations to conduct legal risk assessment and legal compliance training. By preventing and mitigating potential legal risks in advance, you can avoid getting into unnecessary difficulties.
In short, the promulgation of the new company law has brought opportunities and challenges to private enterprises. A private enterprise boss needs to actively respond and save himself in a timely manner. By adapting to the requirements of the new law, strengthening corporate governance and internal management, and doing a good job in risk assessment and compliance, a private enterprise owner can better respond to the new situation and achieve sustainable development of the enterprise.