What is the difference between creditors and shareholders of a company?

1. At the legal level, different partners exist in a partnership, which is applicable to the Partnership Enterprise Law of the People's Republic of China, and is divided into general partners and limited partners. The general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the amount of capital contribution subscribed by the limited partner. Shareholders exist in **** and enjoy the rights and obligations stipulated in the Company Law.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe. 2. At the level of corporate governance, the founding shareholders and shareholders who truly participate in the operation and management of the company become partners. Investors who only invest money, pursue returns, and do not participate in the operation become shareholders.

3. Naming restrictions: The words "limited", "limited liability" or "company" shall not be used in the name of different partnerships, and the words "limited liability company" or "shares" must be used in the name of the company. 4. Capital RestrictionsDifferent partnerships do not have a minimum registered capital limit, and the company has a minimum registered capital limit. 5. Pay taxes and feesDifferent partnerships only pay individual income tax, not enterprise income tax, the company pays enterprise income tax, and shareholders pay individual income tax on the company dividends or dividends they obtain.

Legal basis: Article 3 of the Company Law of the People's Republic of China A company is an enterprise legal person, with independent legal person property and the right to enjoy legal person property. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe. Article 2 of the Partnership Enterprise Law of the People's Republic of China The term "partnership enterprise" as used in this Law refers to general partnerships and limited partnerships established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law. A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership.

Where this Law has special provisions on the form of liability of the general partner, follow those provisions. A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

1. What is the difference between a company's creditors and shareholders?

1. What the shareholder has is ownership, and what the creditor has is the creditor's right.

2. Shareholders generally cannot withdraw shares, but can only transfer. After the creditor's right matures, the creditor may request repayment from the debtor.

3. Owning the company's shares can participate in the company's decision-making. Possession of a claim has nothing to do with decision-making power.

4. There is no expiration date for equity. Claims generally only have a three-year statute of limitations, and if they expire, they lose the right to win the lawsuit.

5. Shareholders can enjoy dividends. Creditors only have interest at most.

2. The difference between shareholders' rights and interests and creditors' rights.

Creditors of a company are regarded by the company law as a kind of claimant under the contract law, and they have no more rights in the affairs of the company than those stipulated in the contract with the company. Specifically, the differences between shareholders' rights and creditors' rights are mainly reflected in:

1. The position of shareholders' rights and interests and creditors' rights and interests in the company's operation is different.

There is only a creditor-debtor relationship between the creditor and the company, and they have no right to participate in the daily business activities of the company. Shareholders can directly participate in the operation and management of the company by virtue of their rights and interests, or they can entrust others to indirectly carry out operation and management, and we can call shareholders' rights and interests "participation rights".

2. The risks borne by shareholders' rights and interests and creditors' rights and interests are different.

From the perspective of property claims, the rights and interests of creditors take precedence over the rights and interests of shareholders. Creditors' equity is the object of the company's total assets, while shareholders' equity is the ownership of the net assets after deducting liabilities from all assets, which is a kind of residual equity. On the other hand, in the process of dissolution and liquidation of a company, the creditors' interests also come before the owners' interests.

Consistent with risk-taking, the rate of return required by creditors is generally lower than that required by shareholders' equity. Regardless of the company's operating conditions, the rate of return on equity for creditors is relatively stable, unless the company is insolvent. The rate of return on owner's equity changes with the company's operating performance

When the company's operating performance is good, the rate of return on owner's equity is high, and vice versa, it is low or zero, and even the initial invested capital will be lost.

To a certain extent, the shareholders of the company are actually a kind of creditors of the company. However, after in-depth analysis, we also found that there are still some significant differences between the company's shareholders and the company's creditors. As a shareholder of the company, it is generally limited to the amount of its own capital contribution, that is, the corresponding shares in hand, and is liable for the company's debts, and under special circumstances, it is necessary to bear joint and several liability for the company's debts.

Further reading: What are the circumstances of shareholder representative litigation?

What are the provisions of the Company Law on anonymous shareholders?

How to liquidate after the shareholder withdraws his shares.

Legal analysis: The difference between a shareholder and a creditor is that a shareholder is a person who subscribes or pays in capital to the company, is an internal member of the company, and can become a member of the company's internal organization; The creditor is a person who establishes a creditor-debtor relationship with the company through civil legal acts such as contracts, and is generally a member of the company's external monitoring department.

Legal basis: Article 80 of the Contract Law of the People's Republic of China Where a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. Notice of the assignment of rights by a creditor may not be revoked, except with the consent of the assignee.

Legal Analysis: Difference Between Creditor and Shareholder:

1. What the shareholder has is ownership, and what the creditor has is the creditor's right.

2. Shareholders cannot withdraw shares, but can only transfer. After the creditor's right is due, the creditor's distressed person may request repayment from the debtor;

3. Shareholders can participate in the company's decision-making, and the creditor's rights have nothing to do with the decision-making power;

4. Shareholders can enjoy dividends, and creditors only have interest at most.

Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil entities enjoy creditor's rights in accordance with law.

The difference between creditors and shareholders is as follows: 1. Shareholders have ownership, and creditors have creditor's rights. 2. Shareholders generally cannot withdraw shares, but can only transfer.

After the creditor's right matures, the creditor may request repayment from the debtor. 3. Shareholders can participate in the company's decision-making if they own the company's shares. The creditor's possession of the creditor's claim has nothing to do with decision-making power.

4. There is no expiration date for shareholders' equity. The creditor's claim is generally only 2 years statute of limitations, and the creditor loses the right to prevail after the expiration date. 5. Shareholders can enjoy dividends.

Creditors only have interest at most. Article 98 of the Company Law: The general meeting of shareholders shall be composed of all shareholders. The general meeting of shareholders is the authority of the company and exercises its powers in accordance with this Law.

Article 99 The provisions of the first paragraph of Article 37 of this Law on the functions and powers of the shareholders' meeting of a limited liability company shall apply to the general meeting of shareholders of the stock company.

Legal Analysis: Shareholders are not creditors of the company, but owners of the company. Shareholders are investors or investors in a joint-stock company.

A shareholder is a person who holds shares in a joint-stock company or a limited liability company, and has the right to attend and vote at the general meeting of shareholders, and also refers to investors in other joint ventures of Chaitong industrial and commercial enterprises.

The difference between a shareholder and a creditor is that a shareholder is a person who subscribes or pays in capital to the company, is an internal member of the company, and can become a member of the company's internal organization; The creditor is a person who establishes a creditor-debtor relationship with the company through civil legal acts such as contracts, and is generally an external person of the company.

Legal analysis instructs: shareholders are not creditors of the company, but owners of the company. Shareholders are investors or investors in a joint-stock company.

A shareholder is a person who holds shares in a joint-stock company or a limited liability company, has the right to attend and vote at shareholders' meetings, and also refers to investors in other joint ventures.

Both the creditors of the company and the shareholders of the company can benefit from the company, but the difference between the creditors and shareholders of the company is obvious, so what is the difference between the creditors and shareholders of the company?

1. What the shareholder has is ownership, and what the creditor has is the creditor's right. Creditors refer to those institutions and individuals that provide repayable financing to enterprises, including institutions or individuals that provide loans to enterprises and institutions or individuals that provide short-term financing in the form of goods or services. A shareholder is a person who holds a company.

The income of the debtor is the benefit, and the income of the shareholder is the dividend.

2. Shareholders generally cannot withdraw shares, but can only transfer. After the creditor's right matures, the creditor may request repayment from the debtor.

3. Owning the company's shares can participate in the company's decision-making. Possession of a claim has nothing to do with decision-making power.

4. There is no expiration date for equity. Claims generally only have a three-year statute of limitations, and if they expire, they lose the right to win the lawsuit.

5. Shareholders can enjoy dividends. Creditors only have interest at most.

1. What does equity mean?

Equity is a type of property ownership. Rough orange is a shareholder who owns the company's shares or capital contribution shares through legal means such as capital contribution or transfer, and therefore enjoys the transferable right to participate in the company's management decision-making and enjoy profit dividends. The equity content is relatively rich, mainly including:

1) Shareholder identity rights Li Rang;

2) the right to participate in decision-making;

3) the right to select, supervise and manage the personnel;

4) the right to income from assets;

5) the right to be informed;

6) The right to propose, convene and preside over the extraordinary meeting of the shareholders' meeting;

7) Preferential transfer and subscription of new shares;

8) the right to transfer capital contributions or shares;

9) Shareholders' right to sue, etc.

2. What are the rights and obligations of the company's shareholders?

The rights of shareholders of a limited liability company include: the right to shareholder identity; the right to participate in decision-making; the right to select, supervise and manage the administrator; the right to income from assets; Withdrawal of shares; the right to be informed; Preferential transfer and subscription of new shares.

shall undertake the following obligations: comply with the articles of association; Contribution of capital contributions; shall not withdraw capital contributions; shall not abuse the rights of shareholders to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Articles 37 and 183 of the Company Law stipulate that Article 4 of the Company Law stipulates that shareholders of a company shall enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law. Article 13 The legal representative of the company shall be the chairman of the board, executive director or manager in accordance with the provisions of the articles of association, and shall be registered according to law.

If the legal representative of the company is changed, the change registration shall be completed.