Medium occupation schools founded the company legal advice
Created:
/Author:
Aaron Lewis
A, first laws and regulations do not prohibit doing business, enterprise, school teachers.Therefore, teachers may have a negative impact on business only from the occupation moral point of view, and not in violation of the law prohibiting sexual.It can make and influence the behavior depends on teachers unit.If the unit that the behavior of teachers will affect the normal teaching, may be stopped or the corresponding bundle, which did not involve violations of laws and regulations of the problem.
Two, if you want to try to narrow, can be registered in the name of the company or enterprise others.As long as the two sides signed the investment agreement can be dormant shareholders.Let the other person recognition and commitment of teachers and the contribution of shareholder status and enjoy ownership can be.The condition is met, the reaction of the unconditional transfer of shareholder qualifications for teachers.To reduce the risk, it is necessary to improve the apparent shareholders of the trust, the choice of a suitable man, is very important.
The investment in the dormant shareholder agreement is dormant shareholders, the actual investor and that shareholders.There is a risk of dormant shareholders, shareholders to shareholders that out of control, the name of the company is not conducive to the implementation of many things, such as to take the money, do good, or business, not willing to acknowledge the existence of dormant shareholders, only willing to bear the responsibility of the debt.
The risk is that shareholders if the company is not good, may be made a scapegoat.Dormant shareholders the opportunity to maltreat an injured person, by that shareholders to bear the risk of loss, while himself with obvious is by debtor creditor relationship between shareholders and debt, put forward.The legal consequences even to assume the company's illegal behavior.
Three, the dormant shareholders, should pay attention to the following points:
1Dormant investment agreement, is the necessary condition for the dormant shareholders.
Dormant investment agreement effectively facilitates constraint named shareholders, to ensure that the dormant shareholders and exercise the shareholder's rights and indirect access to income, and become a significant shareholders in case of need, to avoid the occurrence of devolution of rights.If investors have a greater grasp of the investment project, it shall entrust a professional production protocols to ensure effective.Conversely, if investors are not familiar with the project, just out of the trust of others, have a try holding the psychological investment, dormant investment agreement is invalid and sometimes even help to claim back investment, but investors to"The apparent shareholders"Binding is very little, the investment company's right to claim.
2Investment documents or confirmation, is proof of dormant shareholders obligations.
Dormant shareholder investment way, time limit should be clear in the dormant investment agreement, transfer documents related investment or payment receipts must be complete without ambiguity, best to let the apparent shareholders written document issued, confirm the dormant shareholder has invested amount and time.If the dormant shareholder identity may be disclosed to other shareholders, it should be confirmed by the company and all the shareholders of investment.
3The articles of association of the company, is a legal document of dormant shareholders can not be ignored.
The newly revised company law gives the company, the shareholders of the great autonomy organization of internal standard, the articles of association of the company may directly affect the dormant shareholder rights.As the dormant shareholder dividends may hope that as soon as possible, but the articles of association may set higher restrictions on dividends, short-term investment objectives of dormant shareholders may and the company's long-term investment plans of contradiction.Therefore, dormant shareholders cannot completely let down, in the formulation of regulations shall be by the apparent shareholders express their own concerns, a low percentage of the dormant shareholder, it a little more special attention should be paid to the.
4Participate in the management of the company, is a necessary measure to protect the interests of the shareholders of dormant.
In order to prevent the information asymmetry, the dormant shareholders shall take the necessary measures to directly or indirectly involved in the management of the company, as far as possible to understand the company's dynamic.According to the disclosure of dormant shareholders will own identity and attitudes of other shareholders, dormant shareholders as shareholders or to the name assigned to others as director, supervisor, manager or financial personnel, the company's license, seal, seal and the property data information, and in the case of should try to control.As to the shareholders' meeting or the other major decisions, should indicate the identity and the names of his.
5Find the right is violated, the dormant shareholders should take legal measures as soon as possible.
According to the different situation of damaged rights, dormant shareholders measures can also be different.General should control the seal, seal and financial information company as soon as possible, as soon as possible liquidation.If consultation fails, it shall immediately take action measures.
Four, according to the "The interim regulations, work study program in primary school"Regulations, school run factories or enterprises can start.Medium occupation schools as a public institution legal person or in the name of the unit to do the school run factory, school run enterprises, but not with others to form a partnership.But can be co registered limited liability company.The school run factory business model is no longer a new term, which involves the aspects of staff management, personnel arrangements, financial independence and other content, workload is big, should be carefully considered.
Five,School enterprise cooperationInteractive mode,By the enterprise to provide production technology, equipment, raw materials and sales, the school provides the core technology products, specific cooperation plan can be negotiated.School enterprise cooperation in vocational education field in China at present is still in the civil state, although the country has formulated relevant policies to support the school enterprise cooperation, but there is no legal safeguard measures true, some place to stay in oral on school enterprise cooperation.
School enterprise cooperation are some success stories worthy of reference:The cooperation intention is to let students learn at school and enterprise practice, let the school and enterprise equipment, technology to realize the complementary advantages, resource sharing, in order to improve the effectiveness of education, improve the quality of skilled personnel training.The school introduced enterprise model can solve the problem of insufficient training equipment in practice school, truly enterprise and school resource sharing, access to "win-win way research" combination.For example: Home mall to take the interactive model, excellent enterprise management or technical personnel to the school teaching, to promote both the University and the enterprise to hire, the enterprise engineer into the school to teach students, teachers and schools to the enterprise staff training, improve staff quality.Through both the school and the enterprise to hire, enable students to obtain the process skills training in the teaching process, is to improve the professional skills, but also for the enterprise product, create value for the enterprise process, not only can solve the contradiction of the shortage of training materials, and gives students the skills, true in education, education on income revenue generation, through school enterprise cooperation so that enterprises have the talent, students get the skills, school development.Have cooperation with the South China University of Technology, Guangdong Province Electronic Commerce technician college, Guangdong Foreign Trade School, Chaoshan Vocational and Technical College and other institutions of higher learning store by this model, after a period of practice prove, mall in school enterprise cooperation which has achieved excellent results.And founded the mall training base in the University's campus, truly do the interactive mode, making it a true "complementary advantages, resource sharing, mutual reciprocity and mutual benefit, common development" win-win results.