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Difference Between Shareholder and Contributor:
Shareholders, as the name suggests, are the people who contribute money to run the company, and the investors can be the executives in the board of directors, but not necessarily the shareholders, and the shareholders' meeting is the power organ in the company and makes substantive decisions on the management of the company
The shareholder has the ownership, and the investor has the capital claim.
Shareholders generally cannot withdraw their shares, but can only transfer, and after the maturity of the investor, the investor can request repayment from the debtor of the capital.
Owning shares in the company allows you to participate in the company's decision-making, and having investors has nothing to do with decision-making power. Shareholders can enjoy dividends. The funder has only interest at most.
Investors can generally distribute the company's remaining assets according to the share of "capital contribution", and regardless of the amount of "investment", as long as it is not a capital contribution in the form of shares, it cannot be qualified to distribute the company's remaining assets.
"Capital contribution" is the performance of shares, which will be returned through shareholder dividends, while "investment" is generally achieved through the profit distribution agreed in the investment agreement.
When the "capital contribution" is insufficient, the creditors can pursue the shareholders' supplementary capital contribution liability when the company is liquidated, but when the "investment" is insufficient, the company's creditors cannot pursue the investor's capital contribution liability.
In the financial market, the so-called investors refer to all individuals and institutions, including depositors, who purchase financial instruments and lend funds in financial transactions, and investors are called investors when verifying capital.
A shareholder is a person who holds shares in a joint-stock company or limited liability company and has the right to attend and vote at general meetings, and also refers to investors in other joint ventures.
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Legal analysis: 1. Conceptually: a funder refers to a natural person and legal person who invests cash to purchase a certain asset in the hope of obtaining benefits or profits.
A person who holds shares in a joint-stock company or a limited liability company has the right to attend and vote at general meetings; 2. Characteristics: The basic analysis of the investor is the main characteristic, such as small risk load and small dependence on boring information. Shareholders have the right to share in the profits and make major decisions.
Legal basis: Article 257 of the Civil Code of the People's Republic of China State-funded enterprises shall be performed by the state and local people in accordance with the provisions of laws and administrative regulations to perform the duties of investors on behalf of the state and enjoy the rights and interests of investors.
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Legal analysis: the difference between the investor and the shareholder is: the way of conclusion of the contract is different, the ownership dispute is different, the shareholder members are different, the disposal of equity is different, etc., for the investor is generally the person who invests in the production and operation of the company and obtains commercial benefits, while the shareholder is also the manager of the company.
Legal basis: Company Law of the People's Republic of China Article 3 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.
Partnership Enterprise Law of the People's Republic of China Article 2 The term "partnership enterprise" as used in this Law refers to the general partnership enterprise Huixiao Industry and limited partnership enterprise established by natural persons, legal persons and other organizations in accordance with this Law within the territory of China. 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. Old Biqiao.
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The difference between a contributor and a shareholder can be derived from the comparison of the conceptual characteristics of the two:
1. Conceptually: A funder refers to a natural person and legal person who invests cash to purchase a certain asset in the hope of obtaining benefits or profits. A shareholder is a person who holds shares in a joint-stock company or a company with limited liability and has the right to attend a general meeting of shareholders.
and have the right to vote;
Further information: 1. The legal investor is the provider of the authorized capital of the enterprise, not the provider of general funds. The capital of the investor includes the monetary capital, various assets and land of the contribution, and all kinds of capital of the investor are collectively referred to as monetary capital.
A business must have a funder. There can be one or more funders. Wholly state-owned enterprises.
Lai Tuan Chunyuan said that the investor is the country; For state-controlled enterprises.
The state is the investor of the part of the holding company's capital contribution.
2. Shareholders, i.e., investors or investors of a joint-stock company, shall enjoy the rights of the owners to share the profits, make major decisions, and choose managers according to the amount of capital contributions (unless otherwise agreed by the shareholders). Among shareholders, Dong, originally meant "master" (owner), and shareholders, that is, the owners of shares, were simply understood as "bosses". The main rights of shareholders are:
Attend shareholder meetings.
have the right to vote on major matters of the company; the right to vote for directors and supervisors of the company; distribution of the company's earnings and the right to dividends; Send ** the right to request.
** Right to request transfer; the right to request for the change of bearer to registered**; The right to dispose of the residual property in the event of the company's business failure, declaration of closure and bankruptcy. The size of shareholder rights depends on the type and amount of ** held by shareholders.
3. Legal status of shareholders.
1. In terms of the relationship between shareholders and the company, according to the Company Law, shareholders enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.
2. In terms of the relationship between shareholders, the status of shareholders is equal, in principle, the same shares and the same rights, the same shares and the same forest, but the articles of association.
Other agreements may be made.
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According to your description, you are a state-owned enterprise restructuring, and you may have an employee stock ownership committee, which contributes to the employee stock ownership on behalf of the employee, that is, the employee stock ownership committee is the obvious shareholder in theory of the company law, and the employee is the anonymous shareholder. The proof of capital contribution proves that you have indeed made a capital contribution, that you are a hidden shareholder of the company, and that the shares are held by the shareholding committee.
Holding a share certificate means that you are a shareholder of the company registered by the industrial and commercial department.
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Investors and shareholders are the names of the different stages of the company's preparation, the company is the investor before the establishment and the shareholder after the company's establishment.
There are four types of companies: one-person companies.
(50 people or less).
Wholly state-owned company (1** East).
Shares**** (unlimited number of people).
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Contributors are investors, usually natural and legal persons who invest cash and obtain an asset in the hope of obtaining benefits or profits; 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 industrial and commercial enterprises that have joint ventures in trouble. Usually, when a company is not registered in the initiation stage, it is called the investor, and after its establishment, it is generally called the shareholder.
The company includes a limited liability company and shares, which need to comply with relevant laws and regulations when established, and the shares **** here refer to the company's capital divided into equal shares, and all shareholders are only liable for the company's debts to the extent of the amount of shares they hold.
A limited liability company refers to an economic organization registered in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration, established by less than 50 shareholders, with limited liability for the company within the limit of its subscribed capital contribution, and the legal person of the company bears full responsibility for the company's debts with all its assets.
In normal times, the company can be divided according to different forms, such as according to the company's internal jurisdiction system; Divided according to the control and dependency of one company on another; Divided according to the company's credit criteria; It is divided according to the form of liability borne by the shareholder.
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