The difference between a shareholder and a creditor, the difference between a creditor and a shareho

The difference between shareholders' equity and creditor's equity is mainly reflected in:

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

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

3. The repayment period of the two rights and interests is different.

A specific explanation of the difference:

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 change of 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.

3. The repayment period of the two rights and interests is different. Shareholders' equity shall not be withdrawn except for the transfer of funds in accordance with the law during the company's operation period, and it is possible to compensate for the invested capital only when there is still residual property after liquidation. However, the creditor's rights and interests have a definite repayment date, and the company must repay the interest and principal in full when due, otherwise it will face the risk of bankruptcy liquidation.

Hello, the difference between a shareholder and a creditor: what a shareholder has is ownership, while what a creditor has is a creditor's right. Shareholders can generally only transfer but cannot withdraw shares, and creditors can request repayment from the debtor after the creditor's rights are due.

Owning shares in a company allows you to participate in the decision-making of the company, while owning a debt has nothing to do with decision-making power. There is no time limit for equity, and the statute of limitations for claims is generally only 2 years, and the right to win the lawsuit will be lost after expiration. Shareholders are entitled to dividends, while creditors* are mostly interest-only.

It should be noted that the company has an independent legal personality, and the shareholders bear limited liability, which is the cornerstone of the modern corporate legal person system born with the development of the times.

Legal Analysis: Difference Between Creditor and Shareholder:

1. What the shareholder has is the ownership, and the creditor has 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.

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.

The difference between a shareholder and a creditor is as follows:

1. Different powers. Shareholders have ownership, and creditors have creditor's rights;

2. The way of withdrawal is different. Shareholders generally cannot withdraw their shares, but can only transfer them. After the creditor's right is due, the creditor may request repayment from the debtor;

3. Different decision-making powers. If you have a large share of the company, you can participate in the company's decision-making. Possession of a debt has nothing to do with decision-making power;

4. The term is different. Equity has no expiration date. Claims generally only have a two-year statute of limitations, and they lose the right to win the lawsuit after expiration;

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

To establish a limited liability company, the following conditions shall be met:

1. Shareholders meet the quorum;

2. There is a capital contribution subscribed by all shareholders in accordance with the provisions of the company's articles of association;

3. 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.

To sum up, the shareholders of the company shall abide by the laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights 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.

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 the 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 20. Shareholders of the company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights 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 creditors of the company.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

What is the difference between a shareholder and a creditor? 1. In terms of the nature of the role: the shareholder holds the enterprise and is one of the owners of the enterprise; A creditor is a person who provides loans to a business and has no ownership relationship with the business.

2. Role rights: shareholders have the right to vote on major matters of the company by participating in shareholders' meetings; the right to vote for directors and supervisors of the company; distribution of the company's earnings and the right to dividends; the right to issue a request; ** Right to request transfer; The bearer share of the macro late vote is changed to a registered ** claim; The right to dispose of the residual property in the event of the company's business failure, declaration of closure and bankruptcy. The creditor is a borrower, and after the creditor's right matures, the creditor can request repayment from the debtor (enterprise) and reap the principal and interest of the loan.

It does not have any rights related to the operation of the business. 3. Role and obligation: shareholders have limited or unlimited liability for the debts of the joint-stock company, make decisions through the general meeting of shareholders, and are responsible for the decision-making of the enterprise; The creditor only has the creditor's rights and has nothing to do with the decision-making power, so it does not have any liability to the company.

4. The time limit for equity and creditor's rights: there is no time limit 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. Is there anything else you don't understand?

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

2. Shareholders generally cannot withdraw shares, but can only transfer. After the creditor's right is due, 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 debt has nothing to do with decision-making power;

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

5. Shareholders can enjoy dividends. Creditors only have interest at most. The conditions for the shareholders of the company to bear the responsibility of the company's creditors are that the company has an independent legal personality, and the shareholders bear limited liability, which is the cornerstone of the modern corporate legal person system.

However, if a shareholder of a company abuses the company's legal personality and harms the legitimate rights and interests of creditors, the law also stipulates the principle of exception, that is, if the company is not revoked, the shareholders of the company are required to bear the responsibility of the creditors, which is the "corporate personality denial" system. Where a shareholder of a company abuses the company's independent status as a legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's creditor's rights. "The conditions under which the denial of corporate personality applies include:

the legal personality of the legal person exists; The shareholder has committed improper or abusive acts of corporate personality; the abuse is detrimental to the interests of creditors; The perpetrator is subjectively at fault; Applicable when the company's property cannot be liquidated. In practice, the main situations in which shareholders bear corporate debts are: First, the personality of the company and the shareholders are mixed.

This is manifested in the confusion of assets and transactions. That is, the property and affairs of the company and the shareholders are mixed, the company does not have independent property and decision-making power over affairs, and the shareholders control the various affairs of the company. Second, the company's capital is significantly insufficient.

That is, the company's capital is obviously insufficient compared with the company's operating scale and the risks it implies. Third, abuse of corporate form. That is, shareholders use the legal personality of a new company or an existing company as a tool to evade legal obligations.

For example, when the company's debts are high, the controlling shareholders often withdraw funds or dissolve the company or declare the company bankrupt, so that the company's creditors cannot be repaid. Fourth, unfair related-party transactions, etc. Common behaviors are:

Affiliated companies do not collect or pay prices and fees in accordance with the business dealings between independent enterprises, and the affiliated companies do not conduct business dealings in accordance with arm's length transactions** and business practices; Affiliated enterprises deal with each other's due claims in a negative manner.

Shares will set up shareholders, and they will be issued, so there will also be creditors. Although they are all related to the company's shares, the rights between them are different. So what is the difference between a creditor and a shareholder?

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

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

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

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

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

Presentation of shareholders.

A shareholder refers to a person who has made capital contributions to the company or obtained the company's equity through capital contribution or other legal means, and has rights and obligations to the company.

Strictly speaking, in the company law, the connotation of a limited liability company shareholder and a shareholder of a share **** is different: a shareholder of a limited liability company refers to a shareholder who contributes capital to the company at the time of the establishment of the company or inherits the equity after the establishment of the company in accordance with the law. A person who has rights and obligations to the company.

A shareholder of a shareholder is a person who legally acquires shares at the time of the establishment of the company or after its establishment, and has rights and obligations to the company. Generally speaking, the start-up capital of the stock **** is more than that of a limited liability company.

Shareholders are the foundation of the company's existence and the core elements of the company; Without shareholders, there can be no company. In a general sense, a shareholder is a person who holds shares in a company or contributes capital to a company. According to the provisions of the Company Law of the People's Republic of China, after the establishment of a limited liability company, it shall issue a certificate of capital contribution to the shareholders, and prepare a register of shareholders to record the names and addresses of the shareholders, the amount of capital contribution of the shareholders, the number of the capital contribution certificate, etc.

As for shares, China's "Company Law" allows the issuance of both registered ** and bearer **; If the company issues a registered name, it shall keep a register of shareholders; It also stipulates the transfer of registered **, and the company shall record the name or title and address of the transferee in the register of shareholders. Accordingly, it should be understood that the holder of the registered share ****** is a shareholder of the company, while the holder of the bearer** must also record his name and address in the register of shareholders in order to be a shareholder of the company.

From the above introduction, it can be seen that the creditor shareholder has ownership, and the creditor has the creditor's right. Shareholders can enjoy dividends, and creditors only have interest at most. If you have other related questions and want to know more about Wang Zai, you are welcome to consult the free legal consultation that can help you answer your doubts.

The difference between a creditor and a shareholder is as follows:

1.Shareholders have ownership, and creditors have creditor's rights;

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

3.Shareholders can participate in the company's decision-making by owning shares in the company. 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' shareholdings. 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.

Further information: shareholder qualification According to the provisions of the Company Law, the acquisition of shareholder qualifications of a company is mainly divided into the following three situations: Qualification acquisition.

1. Original acquisition refers to the acquisition of shareholder qualification by contributing capital to the company or subscribing for shares. The original acquisition can be divided into two situations:

1.Original acquisition at the time of establishment. That is, to invest in the company based on the establishment of the company, so as to obtain shareholder qualification. The persons who obtain the shareholder qualification in this way include all the promoters at the time of the establishment of the company, and the promoters and subscribers at the time of the establishment of the joint-stock company.

2.Original acquisition after establishment. That is, after the establishment of the company, when the capital is increased, the shareholder qualification is obtained by contributing capital to the company or subscribing for shares.

2. Succession acquisition Succession acquisition, also known as transfer acquisition or derivative acquisition, that is, through transfer, donation, inheritance, company merger and other ways to obtain shareholder qualifications, the transferee, donee, heir, successor and successor of the shares become the new shareholders of the company.

3. Acquisition in good faith Acquisition in good faith refers to the transferee of shares, in accordance with the transfer method stipulated in the Company Law, to obtain the qualification of shareholders from the non-right holder in good faith. Since bona fide acquisition can directly acquire equity without relying on the will of the assignor, it is a special and original method of acquisition. Generally speaking, the following conditions must be met at the same time for the bona fide acquisition of shareholder qualification:

1) ** itself has the effect of making a ruler;

2) The shares are disposable, and the shares prohibited by law cannot constitute a friendly acquisition;

3) it must be obtained from a non-right holder, and if the transferor is a legitimate right holder, there is no need to initiate the bona fide acquisition system;

4) Subjective good faith at the time of acquisition, no malice or gross negligence, if you know or neglect to pay attention to the fact that the transferor has no rights and obtain, you cannot obtain equity;

5) In accordance with the law of the **transfer method obtained**, the registered ** by endorsement, bearer** delivery can be.