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

National People's Congress, Millet company chairman Lei today submitted the recommendations of the two countries, respectively, is the "Company law," the provisions of preferred terms to improve the entrepreneurial environment and the recommendations on speeding up the implementation of large data national strategy recommendations.

Lei in the suggestion, it is very common for venture capital to finance in our country, and the characteristics of preferred stock 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.

At present, China's current "company law" does not specify the preferred stock, according to the principle of "no prohibition on law", China's current "company law" does not prohibit the existence of preferred shares, but the existing "company law" 104th and 187th have actually hindered the development of preferred shares, Lei proposed to amend the relevant provisions.

Lei proposed to amend the following two terms:

(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. ”

At the same time, lei in the proposal for a national strategy for accelerating the implementation of large data, there is no effective large data strategy at the national level. There is an urgent need to develop large data development plans at the national level.

Lei made four recommendations: first, pay attention to the training of large data personnel, key technology and business model Research, the second, improve relevant laws and regulations, promote government departments, such as the first open large data, three, pay attention to large data infrastructure, four, as soon as possible to start large data industry pilot, set up a large data trading platform

Lei said the government should study the development trend of big 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.