What is the difference between a partner and a founder of a company?

The difference between partners and shareholders: 1. The applicable laws and regulations are different, and the difference between partners and shareholders is that partners are applicable to the Partnership Enterprise Law.

Shareholders are subject to the Companies Act. 2. The identities are different, and the partners are ordinary partnerships and limited partnerships established in accordance with the "Partnership Enterprise Law", that is, investors of unincorporated organizations; Shareholders are limited liability companies and shares established in accordance with the Company Law, that is, investors of independent legal entities (the register of shareholders is kept in the company and is registered for industry and commerce). 3. In addition to the capital contribution in money, in kind, intellectual property rights, land use rights and other assets, the general partner can also use labor capital contribution.

Shareholders are not allowed to contribute capital with labor services. 4. The form of liability is different, because the partnership does not have the legal personality, it does not have independent liability capacity, so the general partner bears unlimited joint and several liability for the debts of the partnership. For the company, whether it is a limited liability company or a share, it has an independent legal personality, has independent corporate property rights, and is liable for the company's debts with all the property owned by the company itself.

Shareholders have limited liability only within the scope of their capital contributions.

An investor refers to a person who invests a sufficient amount of funds or objects in a certain field in order to obtain income or capital appreciation in a certain period of time in order to obtain income or capital appreciation in the foreseeable period in the future. A partner is two or more people who give full play to their respective advantages and work together to be someone who can bring them economic benefits. Investments can be divided into physical investments and ** investments.

The former is to invest money in the enterprise and obtain a certain profit through production and business activities. The latter is to purchase the ** and corporate bonds issued by the enterprise with money, and indirectly participate in the profit distribution of the enterprise. Partnership refers to a for-profit organization established within the territory of China by natural persons, legal persons and other organizations in accordance with the Partnership Enterprise Law of the People's Republic of China, where two or more partners enter into a partnership agreement to jointly contribute, operate in partnership, share profits and share risks for the purpose of operating a common business.

It includes general partnerships and limited partnerships. Investors and partners are both investors of the enterprise, and when the investor invests in the enterprise, he becomes a shareholder of the company and does not necessarily participate in the specific business activities of the company, while when the partner invests in a partnership, he becomes a partner and jointly operates the company with other partners. Legal basis:

Article 3 of the Company Law of the People's Republic of China? The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. 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 4 of the Company Law of the People's Republic of China? The shareholders of the company enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.

The founder is the operator of the organization when it is created from scratch, and the owner is the person who is responsible for the management of the organization after its birth.

The manager is not a position, the title of the manager should be regarded as a difference in position, the most critical thing for a trendy brand is marketing, image, co-branding planning and quality control, especially the boss is also the role of the key manager of the brand, so the manager can be said to be the brand leading shareholder group, or the independent manager of the main and second brands.

The founder refers to the initiator or creator of the event, the first person to propose the concept of the event, or the origin of the thing, or the founder or founder or founder of the organization.

The founder is the person who is the original promoter and the one who solicits partners, and the partner is the one who agrees to join the company in partnership.

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The founding partner refers to the person who has just started to create this ** or investment company, has entrepreneurial ability, and has an entrepreneurial mentality, and invests manpower, material or financial resources at the beginning of the establishment of the enterprise, and contributes money and efforts, and is an entrepreneur who takes risks together with the enterprise. is the largest contributor to the company and the one who is primarily involved in the distribution of equity.

A partnership company refers to an enterprise established by natural persons, legal persons and other organizations in accordance with the Partnership Enterprise Law and other relevant laws and regulations, which can be divided into general partnership and limited partnership according to the composition of the partners, and the founder of the partnership enterprise is the partner. Limited, according to its literal meaning, means that within a certain scope and conditions, limited liability means that the subject bears the responsibility within a certain certain range, and does not need to bear it if it exceeds the scope.

Depending on whether the partners are liable for limited liability or unlimited joint and several liability, partners are divided into limited partners and general partners. According to the relevant laws and regulations, a limited partner is the incorporator who is liable for the debts of the partnership to the extent of its subscribed capital contribution, and because it bears limited liability, the limited partner does not participate in the operation of the enterprise in the limited partnership. China's relevant laws stipulate that wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations can only act as limited partners when participating in the establishment of partnerships.

Legal basis: 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 the general partnership and limited partnership established by natural persons, legal persons and other organizations in 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. Article 3 of the Partnership Enterprise Law of the People's Republic of China Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become general partners.

Legal analysis Bi or Tan: partners refer to the organizations and individuals who invest in the formation of a partnership and participate in the partnership, and are the main body of the partnership. A partner usually refers to a natural or legal person who invests in a partnership with his or her assets, participates in a partnership, enjoys rights and assumes obligations under an agreement, and bears unlimited (or limited) liability for the debts of the enterprise.

Partners should have the capacity for civil rights and conduct. In actual legislation, the requirements for partners to invest in a partnership enterprise and operate a partnership are generally the same in various countries, while the natural identity of the partners, the form in which the partners bear responsibility for the debts of the partnership enterprise, and the limitation of civil capacity vary due to differences in legal systems and customs.

Legal basis: Article 16 of the Partnership Enterprise Law of the People's Republic of China A partner may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights, or in labor services. If a partner makes a capital contribution in kind, intellectual property rights, the right to use the land or other property rights, and it needs to be appraised as a valuation, it may be determined by all partners through negotiation, or all partners may entrust a statutory appraisal agency to make an appraisal.

If a partner makes a capital contribution through labor services, the assessment method shall be determined by all partners through consultation and shall be specified in the partnership agreement.

Limited partners, that is, investors and individual investors of institutions such as enterprises and financial and insurance institutions participating in the investment, or partners who have become limited partners with the consent of other partners in accordance with the law, and who are determined to have no or limited capacity for civil conduct in accordance with the law. They have only limited liability. The limited cooperative enterprise is composed of ordinary partners and limited partners, the ordinary cooperative partners bear unlimited joint and several liability for the debts of the cooperative enterprises, and the limited partners are liable for the debts of the cooperative enterprises to the extent of their predetermined capital contributions.

Company Law of the People's Republic of China

Article 2 Huiqing 13 Establishment conditions for a limited liability companyThe establishment of a limited liability company shall meet the following conditions: (1) the shareholders meet the quorum; (2) There is a capital contribution subscribed by all shareholders in accordance with the provisions of the articles of association of the company; (3) The shareholders jointly formulate the articles of association; (4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company; (5) Have a company domicile.

The company's returning partner refers to a natural or legal person who invests in partnership with his assets, participates in partnership operations, enjoys rights and assumes obligations in accordance with the agreement, and bears unlimited (or limited) liability for corporate debts. Partners should have the capacity for civil rights and conduct.

Partners refer to organizations and individuals who invest in the formation of a partnership and participate in the partnership, and are the main body of the partnership.

The first thing you have in a partnership is the partners. Partner is a relatively common concept in jurisprudence, usually referring to the partnership investment with its assets, participation in the partnership business, and the enjoyment of the rights and obligations of the state according to the agreement

The partner of the company refers to the natural person who makes a capital contribution to the partnership, and the partner is an investor in the partnership and enjoys the benefits of the partnership. The legal property of the partnership and its partners, as well as their rights and interests, are protected by law.

The partner refers to the capital contribution of the joint forest, or the mountain is a kind of joint stock hail lead company formed by jointly using its own property to guarantee the loan to the bank, and the partner refers to the party who contributes

In the early days of the start-up, Kaejo announced friendly negotiations on the design of the equity structure and the distribution of shares. At the beginning of the venture or the initial stage of subsequent partners, the founders and other venture partners are most likely to negotiate the equity structure design and equity distribution in an open and friendly manner, and even the occasional small quarrel is far better than the subsequent splendor of equity disputes and disintegration. If there are a large number of initial venture partners, it is recommended that the founder or main venture partner hold 50-55% of the shares, and in addition, the founders' shareholding ratio, especially the control voting rights, can be higher when the company is just established, such as 67-89%.

Extended Materials. The judgment of the distribution of the holdings of chips is the basic premise of the operation, and if the judgment is accurate, the hope of success increases a lot. There are several ways to determine the distribution of shareholdings:

1. Through the statements of listed companies, if the share capital structure of listed companies is simple, only national shares and tradable shares, most of the top 10 shareholders hold tradable shares, and there are two ways to judge: one is to add up the tradable shares held in the top 10 to see how much is mastered, which is suitable for analyzing the degree of intervention of institutions. The second is to speculate on the situation after 10, some people think that if the last shareholding is not less than the concentration of chips in the stock, it can be judged that the concentration of chips in the stock is more concentrated, but the bookmaker can sometimes make a fake, they keep the chips of the first few shareholders, so that it is difficult to see the change, but one thing is certain, if the 10th shareholding is less than the outstanding shares, then the latter is lower, then the concentration can be judged to be low.

2. Through the public information system, the transaction information of the daily rise and fall of more than 7% is announced every day, mainly the name and transaction amount of the first five business departments or seats with the largest transaction amount. If the volume is large**, most of the announcements are concentrated sellers. This information can be found on the computer or in the newspaper.

If the transaction value of these sales department seats also accounts for 40% of the total transaction value, it can be judged that there is a bank in and out.

3. From the perspective of the handicap and the disk, the disk refers to the first-class chart and the volume histogram, and the handicap refers to the real-time first-time transaction window, and there are two main types of positions: low-absorption and high-level positioning. The daily trading volume of low-absorption positions is low, which cannot be seen on the disk, but it can be seen from the fact that the outer disk of the market is greater than the inner disk.

It can be seen from the disk that when the dealer ships, the stock price is often sluggish, or the form just falls again, and it is generally the amount of **, which can be clearly seen.

The founder, English founder, is generally the founder of the enterprise, usually the initiator, owner and core leader of the enterprise during the establishment period. For example, Yu Minhong, the founder of New Oriental, and Liu Chuanzhi, the founder of Lenovo.

Co-founder, English co-founder, refers to a number of entrepreneurial partners in the initial stage of an enterprise, and has played a central and key role in the establishment of the enterprise. For example, Google's founders Page and Brin, Apple's founders Jobs and Wozniak.

Chief Executive Officer, English CEO or Chief Executive Officer, refers to the leader of enterprise operation and management, responsible for all matters of the daily operation and management of the enterprise, and is the most powerful in a group of CXOs, which is equivalent to the general manager who used to say. The CEO is appointed and delegated by the Board of Directors and is accountable to the Board of Directors. The initial business is usually held by the founder, or it may be an external professional manager.

For example, Tim Cook, the current CEO of Apple, and Yang Yuanqing, CEO of Lenovo.

Partner, English partner, refers to the shareholder or investor of the enterprise. Partners can assume the role of business management, or they may only be responsible for capital contribution but not participate in the business affairs of the business.