Lei: Revising company law and speeding up large data national strategy

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March 6 News (reporter Luringa) March 6, the NPC deputies, Millet Technology Chairman Lei to the NPC submitted two proposals, respectively, on the revision of the "Company law" preferred terms and speed up the implementation of large data national strategy.

Lei in the construction of the statement that in the current judicial environment in China, if the existing "Company law" 104th and 187th amendments will increase the uncertainty of venture capital enterprises, may ultimately harm the interests of both investors and entrepreneurs, thus affecting the entrepreneurial environment.

In addition, Lei said that the importance of large data is beyond doubt, at present mainly in the local governments have introduced some large data action plans or implementation programmes, but at the national level, there is no effective large data strategy. There is an urgent need to develop large data development plans at the national level. Finish)

The full text of the proposal to amend the terms of preferred shares in the company law to improve the entrepreneurial environment:

It is very common for venture capital to finance in China, and the characteristics of preference shares are fully embodied in the venture capital enterprises.

In the present judicial environment of our country, if we do not revise the 104th and 187th of the existing company law, it will increase the uncertainty risk of venture capital, which may ultimately harm the interests of both investors and entrepreneurs, and thus affect the environment of the enterprise.

The positive effect of preferred stock system on improving venture environment

The main advantage of the preference system to the development of venture capital Enterprise is: For investors, it is advantageous to control the risk, can effectively guarantee the investor's interest, arouse the enthusiasm of the risk investor; for the entrepreneur and the company, can increase the capital to solve the company financing problem, reduce the ratio of assets and liabilities, So that the company has long-term development momentum, for the community, conducive to encourage entrepreneurship, optimize the allocation of resources, social and economic development plays a role in promoting.

The positive significance of preferred shares is obvious, there are some shortcomings: because of the inconsistency of shareholder equity, it may lead to disputes between shareholders, and then affect the company's stable operation. In comprehensive consideration, the preference system benefits far outweigh the disadvantages. The establishment of perfect preferred stock system is the intrinsic demand and inevitable trend of market economy.

The time is ripe for amending the terms of preferred shares in the company law

Through years of exploration and practice, our government and the public have a more profound understanding of preferred shares, and gradually understand the rationality and necessity of preferred stock. November 30, 2013 the State Council issued the State Council on the implementation of preferred shares of the guidance of the pilot, is our country to carry out preferred shares pilot, the basic legal document. December 13, 2013, the SFC issued the "Preferred Stock pilot management measures (draft)" and open for comments to facilitate the implementation of preferred shares of the pilot distribution and trading work, basically covering the industry and investors concerned about the main problem. After years of exploration, the soil and conditions of the legal system of the development of preferred shares in China are already available.

Proposed amendments to the terms of preferred shares in the company law

China's current "company law" does not specify the preferred shares, according to the "Law without prohibition is allowed" principle, China's current "company law" does not prohibit the existence of preferred shares, but the existing "company law" 104th and 187th has actually hindered the development of preferred shares, proposed to amend the relevant provisions.

(a) Amendment of the existing company law 104th

China's current "company law" 104th of the first paragraph stipulates: "Shareholders attend the meeting of shareholders, the holding of each share has one vote." However, the shares of the company held by the company do not have the right to vote. "The existence of no voting shares is not permitted in accordance with the provisions of this provision, not only with the provisions of 43rd of the existing company law:" The shareholders ' meeting shall be exercised by shareholders in accordance with the proportion of contributions, except as otherwise provided in the articles of incorporation. "(allowing the incorporation of articles of association) is inconsistent and contradictory to the inherent characteristics of preferred Shares: Preferred shares generally do not have the right to vote." The proposed amendment to the article is as follows: "Shareholders attend meetings of the general Meeting of shareholders, the holding of each ordinary shares have a vote, except as otherwise provided in the articles of incorporation." However, the shares of the company held by the company do not have the right to vote. "This allows the voting rights of preferred shares to be regulated through the Articles of incorporation."

(ii) Amendment of 187th of the existing company law

China's current "company law" 187th of the second paragraph stipulates: "Corporate property in the liquidation costs, workers ' wages, social insurance costs and statutory compensation, pay the tax owed, the liquidation of the company's debts of the remaining assets, limited liability company in accordance with the proportion of shareholders ' contribution, The stock company is divided according to the proportion of shares held by shareholders. "According to the provisions of this article, the preferential shareholders will not be able to enjoy an important part of the preferred stock of" surplus property distribution rights ", it is difficult to give priority to the liquidation of the remaining property. The proposed modification is as follows: "The assets of the Company shall be distributed in proportion to the shareholders with priority distribution stipulated in the Articles of association by paying the liquidation expenses, the wages of the workers, the social insurance expenses and the statutory compensation, paying the taxes owed, and the remaining property after the liquidation of the company's debts, In accordance with the general shareholders of the proportion of capital contribution or the proportion of shares held. ”

As an important factor of the new economic system, the preferred stock legal system plays a positive role in solving the problem of enterprise financing and expanding the new investment and financing channel, which is also necessary to promote the transformation of production mode and the development of productive forces. In view of this, it is imperative to revise the legal provisions for the development of the bound preferred stock system, to revise the 104 articles and 187 articles of our current "company law" to adapt to the development of preferred stock system, which has become an urgent problem to be solved, and it is necessary to mention the agenda quickly.

Attached is the full text of the proposal for a national strategy to expedite the implementation of large data:

The importance of large data is beyond doubt that there are a number of large data action plans or implementation programmes in place at the national level, but no effective large data strategies are being developed at the country levels. There is an urgent need to develop large data development plans at the national level.

The Government should study the development trend of large data, to assess the revolutionary impact of large data on government, economic and social operations, and to formulate plans for the next five years or more for development objectives, development principles, key technologies, priority tasks, action plans and safeguards to coordinate with government departments, industry authorities, Enterprises and institutions and individuals and other aspects of the strength of ideas and common development, to play a cohesive effect.

I think the big Data national strategy should focus on data sovereignty, data innovation ability, key technology, talent, data research, covering industry chain and legal environment support from the national level. According to our country's actual situation, the following concrete suggestions are put forward for our country's Big Data strategy:

One, pay attention to large data talent training, key technology and business model research

The Government should fully understand the importance of large data and strategic position, from the perspective of the whole country to actively layout, guide the overall development of large data. In the national institutions of higher learning, scientific research institutions to establish a large data training mechanism, the State fund or set up a special fund to support large data key technology research.

Strengthen the security of large data information. Vigorously promote safe, controllable large data key equipment industrialization and deployment upgrade, strengthen large data storage, disaster preparedness, emergency management service capabilities and mechanisms, support data encryption and decryption, data audit, data destruction, integrity verification and other data security technology research and development and application. Promote data source traceability and security in data exchange, support the research and protection of intellectual property rights of data products, strengthen enterprise and society's awareness and responsibility for data security and intellectual property protection. Strengthen the consciousness of data sovereignty, strictly protect the data sovereignty, firmly grasp the initiative of large data development and utilization.

Encourage innovative subjects to actively use the Internet thinking, through large data, the Internet to promote information integration, knowledge sharing, law exploration and productivity promotion. Through large data to the cloud computing, Internet, and other information technology links to promote the transformation of traditional industries, to achieve business model innovation.

Second, improve the relevant laws and regulations, and promote government departments to open large data

In the era of large data, personal privacy protection is the focus of users ' attention, to effectively prevent personal information leakage. Legislation, research and development of information disclosure and information protection laws and regulations.

Government departments, institutions have a large number of large data, not well used, should be the first to encourage these departments to open, encourage social institutions to study and use.

At the same time, large data enterprises should be encouraged to exchange data to achieve efficient use of information.

Third, pay attention to large data infrastructure construction

Promote the implementation of the "broadband China" strategy, and continue to support the next generation of Internet, fourth-generation mobile communications, public wireless networks, e-government Network, industry-specific network and Internet infrastructure construction, planning and promoting enterprises to build a batch of cloud computing platform and data center. According to the development demand, the network resources such as network address and network bandwidth should be scientifically planned and rationally configured to promote the construction of public wireless networks. Large data enterprises are encouraged to participate in network facilities investment and telecom service operations, build cloud computing platforms, and study the business support policies of large data services and wireless networks for enterprise leasing servers.

Start the pilot of large data industry as soon as possible and set up large data trading platform

Start large data industry pilot as soon as possible, with enterprise as the main body to set up large data trading platform, large data industry service platform.

Zhongguancun has a leading edge in the domestic large data: technology innovation in the domestic leading, with a large number of data enterprises, large data applications and business model innovation and active, large data innovation and pioneering ecological system to form a preliminary. It is suggested that the pilot should start from Zhongguancun to encourage the rapid development of large data industry.