The relevant differences between the joint stock cooperative system, the difference between the join

The main differences between the joint-stock system and the joint-stock cooperative system are:

The nature of the enterprise is different.

Joint-stock system: It is called capital cooperation, which is a combination of capital.

Joint-stock cooperative system: In addition to capital cooperation, labor cooperation is a dual combination of capital and labor.

The type of business is different.

Joint-stock system: Any enterprise can implement the shareholding system restructuring.

Joint-stock cooperative system: Large and medium-sized enterprises are not suitable for the implementation of the joint-stock cooperative system, but it is more suitable for small enterprises. Some people mistakenly believe that the joint-stock cooperative system will eventually retire from the stage of history, which is absolutely wrong; With the development of society, whether it is a capitalist society in the West or a socialist society in China, the joint-stock cooperative system will continue to develop for a long time like other ownership economies, and has good development prospects.

There is no need to transition to a joint-stock system, nor does it evolve into an individual and private economy.

The main investors are different.

Joint-stock system: any natural person or legal person can be.

Joint-stock cooperative system: The main investor can only be the employees of the enterprise, and natural persons and legal persons outside the enterprise cannot participate in the implementation of the joint-stock cooperative system reform, which reflects the nature of the dual combination of capital and labor of the joint-stock cooperative system.

The voting method is different.

Joint-stock system: voting by shares, one share and one vote.

Joint-stock cooperative system: voting per person, one person, one vote.

There are different ways to pay dividends.

Joint-stock system: dividends per share.

Joint-stock cooperative system: The combination of dividends according to shares and dividends according to work shows that the joint-stock cooperative system has flexibility in income distribution.

The transfer of shares is different.

Joint-stock system: can be transferred.

Joint-stock cooperative system: no transfer, no listing, no trading, no circulation.

There are differences in equity settings.

Joint-stock system: Enterprises cannot hold their own shares.

Joint-stock cooperative system: the enterprise holds its own shares, and the employees have the right to dividends, and the ownership belongs to the enterprise. There are enterprise collective shares and employee collective shares.

The differences between the joint-stock system and the joint-stock cooperative system are: 1. Different forms; 2. Different characteristics; 3. The types of enterprises are different. 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.

Legal analysis: 1. The nature of the enterprise is different, 2. The type of enterprise is different, 3. The investment subject is different, 4. The voting method is different, 5. The dividend method is different, 6. The transfer of shares is different, and the 7. There are differences in the equity setting.

Legal basis: Article 76 of the Company Law of the People's Republic of China The establishment of shares shall meet the following conditions:

1) The promoters meet the quorum (2) There is a total amount of share capital subscribed by all the promoters in accordance with the provisions of the company's articles of association or the total amount of paid-in share capital raised (3) The issuance of shares and preparations are in accordance with the provisions of the law (4) The promoter formulates the articles of association of the company and adopts the method of raising funds to establish the establishment of the founding meeting (5) has a company name and establishes an organizational structure that meets the requirements of the shares (6) has a company domicile.

Legal Analysis: The difference between the joint-stock system and the joint-stock cooperative system is that the joint-stock system is applicable to any enterprise, while the joint-stock cooperative system is generally applicable to small enterprises. Moreover, the joint-stock system is the combination of capital, while the joint-stock cooperative system is the combination of capital and labor, and the implementation is a combination of dividends according to shares and dividends according to work.

Legal basis: Article 27 of the Company Law of the People's Republic of China: Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.

The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. If the law and the administrative regulations on the assessment of lead fiber have provisions, follow those provisions.