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52. Types of joint stock company
Joint stock companies can carry out their activities in two forms: in the form of an open joint stock company and a closed joint stock company. This difference is fundamental and is the basis for distinguishing between two organizational and legal forms of joint-stock companies.
A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as an open joint stock company. Such a joint-stock company has the right to carry out an open subscription for shares issued by it and their free sale on the terms established by law and other legal acts. An open subscription for shares implies publicity and openness of the financial results of the JSC. An open joint stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.
An open company has the right to conduct a closed subscription for the shares it issues, except in cases where the possibility of conducting a closed subscription is limited by the company's charter or the requirements of legal acts of the Russian Federation.
The number of JSCs is not limited.
In an open joint stock company, it is not allowed to establish the pre-emptive right of the company or its shareholders to acquire shares alienated by the shareholders of this company.
A joint stock company whose shares are distributed only among its founders or other predetermined circle of persons is recognized as a closed joint stock company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons. Shareholders of a CJSC have a pre-emptive right to acquire shares sold by other shareholders of this company.
The number of shareholders of a CJSC should not exceed 50, otherwise it is subject to transformation into an open joint-stock company within a year, and after this period - to liquidation in court, if their number does not decrease.
The type of joint-stock company is necessarily reflected in its charter and corporate name, since the legal status of shareholders and the procedure for acquiring their rights in this capacity depends primarily on the type of joint-stock company.
A company whose shares are distributed only among its founders or other predetermined circle of persons is recognized as a closed company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons.
A shareholder of a company who intends to sell his shares to a third party is obliged to notify the rest of the shareholders in writing.
Companies whose founders are the Russian Federation, a subject of the Russian Federation or a municipality (with the exception of companies formed in the process of privatization of state and municipal enterprises) can only be open.
Author: Sazykin A.V.
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