Can a partnership and a sole proprietorship be listed

Partnerships and sole proprietorships are not allowed to be listed for the following reasons:

1. Sole proprietorship enterprises cannot be listed, because the listing requirements must be joint-stock companies, and joint-stock enterprises refer to three or more (at least three) stakeholders, and the number of shareholders of sole proprietorship enterprises does not meet the requirements;

2. The partnership cannot be listed, because the listing must require the joint-stock company, and the shareholders bear limited liability to the company with shares, while the partners of the partnership bear unlimited liability for the enterprise, and the scope of the liability of the partners of the partnership does not meet the requirements of the joint-stock company;

3. Only joint-stock companies can apply for listing if they meet the following conditions:

1)**Approved by the China Securities Regulatory Commission, it has been publicly issued;

2) The total share capital of the company shall not be less than RMB 30 million;

3) If the public offering of shares reaches more than 25% of the total shares of the company, and the total share capital of the company exceeds RMB 400 million, the proportion of the total number of shares issued by the company is 10%;

4) The company has no major violations within 3 years, and there are no false records in the financial and accounting reports.

Partnerships can.

Sole proprietorship is not allowed, because the listing requirement must be a joint-stock company, and a joint-stock enterprise refers to a form of enterprise organization in which three or more stakeholders (at least three people) voluntarily combine in the form of shareholding management. It is a form of enterprise organization that meets the needs of socialized large-scale production and the development of the market economy, realizes the relative separation of ownership and management rights, and is conducive to strengthening the operation and management functions of enterprises.

Legal Analysis: A sole proprietorship is not a partnership. The difference between a sole proprietorship and a partnership is mainly reflected in the number of people.

A sole proprietorship is invested by a natural person, the property is owned by the investor, and the investor bears unlimited liability for the debts of the enterprise with his personal property.

Legal basis: "Law of the People's Republic of China on Sole Proprietorship Enterprises" Article 2 The term "sole proprietorship enterprise" as used in this Law refers to a business entity established in China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise.

Legal Analysis: Yes, the threshold for the establishment and registration of a sole proprietorship is not high.

Legal basis: Law of the People's Republic of China on Sole Proprietorship Enterprises

Article 8 Establishment Requirements The following conditions shall be met for the establishment of a sole proprietorship enterprise: (1) the investor is a natural person; (2) Have a legal name for changing the business; (3) Capital contributions declared by investors; (D) have a fixed place of production and business and the necessary conditions for production and operation; (5) It is necessary to have a practitioner who has a sliding limb eggplant.

Article 10 The application for establishment shall contain the following matters in the application for the establishment of a sole proprietorship: (1) the name and domicile of the enterprise; (2) the name and residence of the investor; (3) the amount and method of capital contribution of the investor; (4) Scope of business.

Article 11 Name The name of a sole proprietorship enterprise shall be consistent with the form of its responsibility and the business it is engaged in.

A partnership cannot establish a sole proprietorship company The Company Law of the People's Republic of China stipulates that a sole proprietorship company is a one-person limited liability company. It refers to a limited liability company with only one natural person shareholder or one legal person shareholder. A partnership is not a natural person and does not have the status of a legal person, so a partnership cannot establish a sole proprietorship.

[Legal basis].

Company Law of the People's Republic of China

Article 57 The provisions of this section shall apply to the establishment and organizational structure of a one-person limited liability company; Where there are no provisions in this section, the provisions of Sections 1 and 2 of this chapter apply.

For the purposes of this Law, a one-person limited liability company refers to a limited liability company with only one natural person shareholder or one legal person shareholder.

Article 58 A natural person can only invest in the establishment of a one-person company with limited responsibility and filial piety. The one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.

Sole proprietorships are not allowed to join partners. However, a sole proprietorship can become a partner because both have unlimited liability. A sole proprietorship refers to an enterprise that is invested and operated by one person.

Sole proprietorship investors are not limited in their liability for corporate debts. The person in charge of the enterprise is the investor himself. The name of the person in charge of the enterprise must be consistent with the ID card, and no alias shall be used.

According to the relevant provisions of China's current tax law, the production and operation income and other income obtained by private sole proprietorship enterprises shall be subject to private individual income tax in accordance with the regulations.

[Legal basis].

Company Law.

A sole proprietorship is not a partnership because the number of people is not the same. Only one person is required for a sole proprietorship, and a partnership registration requires more than two partners, either general partners or limited partners.

Legal basis] Article 14 of the Partnership Enterprise Law.

The following conditions shall be met for the establishment of a partnership enterprise:

1) There are more than two partners. If the partner is a natural person, he or she shall have full capacity for civil conduct;

2) Have a written partnership agreement;

3) There are capital contributions subscribed or actually paid by the partners;

4) The name and production and operation site of the enterprise in Heqin;

5) Other conditions provided for by laws and administrative regulations.

Article 63.

In addition to complying with the provisions of Article 18 of this Law, the partnership agreement shall also contain the following matters:

1) The names and addresses of the general partners and limited partners;

2) the conditions and selection procedures that the executive partner should have;

3) The authority of the executive partner and the method for dealing with breach of contract;

4) Procedures for the removal of the names of the members of the executive affairs and the replacement of the members of the group;

5) the conditions, procedures and related responsibilities of the limited partners for joining and withdrawing from the partnership;

6) Procedures for the mutual transformation of limited partners and general partners.

A sole proprietorship is not a partnership. The difference between a sole proprietorship and a partnership is mainly reflected in the number of people. A sole proprietorship enterprise is invested by a natural person, the property is owned by the investor, and the investor bears unlimited liability for the debts of the enterprise with his personal property.

1. Is a partnership a limited liability company?

The company is limited in liability. Sole proprietorship and partnership, as enterprises, do not have legal personality and their property is not independent. The investors of a sole proprietorship have unlimited liability for the sole proprietorship (so their assets are not separated).

The limited partners in the partnership have limited liability to the partnership with the amount of their subscribed capital contributions; The general partners have unlimited liability for the partnership, and the general partners have unlimited joint and several liability among themselves.

2. What are the characteristics of a sole proprietorship?

1. Characteristics of the investment entity. A sole proprietorship is only invested and established by one natural person, and the natural person is limited to Chinese citizens with full capacity for civil conduct.

2. Characteristics of enterprise property. All the property of a sole proprietorship is owned by the investor.

3. Characteristics of responsibility. Investors in a sole proprietorship bear unlimited liability for the debts of the enterprise with their personal property.

4. Characteristics of the subject's qualifications. A sole proprietorship is a business entity that does not have legal personality and does not have its own legal personality, and its civil or commercial activities are carried out in the personal personality or identity of the sole proprietor.

3. Can a company set up a sole proprietorship?

According to the provisions of the relevant laws of our country, a company cannot establish a sole proprietorship, and only natural persons can invest in a sole proprietorship. Article 2 of the Law of the People's Republic of China on Sole Proprietorship Enterprises: The term "sole proprietorship enterprise" as used in this Law refers to a business entity established in China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise.

Article 8 of the Law of the People's Republic of China on Sole Proprietorship Enterprises shall meet the following conditions for the establishment of a sole proprietorship enterprise: (1) the investor is a natural person; (2) Have a legal enterprise name; (3) Capital contributions declared by investors; (D) have a fixed place of production and business and the necessary conditions for production and operation; (5) Have the necessary practitioners.

Article 2 of the Law of the People's Republic of China on Sole Proprietorship Enterprises: The term "sole proprietorship enterprise" as used in this Law refers to a business entity established in China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise.