What are the advantages and disadvantages of the three major commercial entities: commercial natural

Characteristics of commercial entities.

It must be the subject of recognition and regulation in the commercial law.

Must have the capacity for commercial rights and commercial conduct.

Must be involved in commercial activities.

Constitutive elements of a commercial entity.

Nominal independence: No matter what type of business entity it is, it must have its own name or title (trade name).

Asset division: Must have property that is separate from the investor.

Management autonomy: the ability to choose activities according to one's own wishes (the common will of the organization).

Limitation of Liability. The shareholder contributor of a commercial legal person shall bear limited liability up to the amount of capital contribution, and the enterprise legal person shall bear independent liability for the consequences with all its assets.

The commercial partnership shall first bear relatively independent liability for all its property, and the partnership shall bear unlimited liability for the insufficient part.

An individual businessman bears responsibility for the consequences of his or her actions with his personal property, but generally pays compensation for his business property first, and his assets still have a certain degree of independence from his means of subsistence.

Classification of commercial entities.

Whether registration is a requirement.

Statutory businessman: A businessman who engages in a specific commercial act prescribed by law does not require registration by the registration authority as a requirement.

Registered businessman: A businessman who has been registered in accordance with the law and whose approved business scope is his commercial act.

According to the standard of combining commercial behavior and commercial entity form.

Permanent businessman: A businessman who engages in a specific business activity listed in the Commercial Code on a plan, repeatedly and continuously for the purpose of profit.

Pseudo-businessman: Although he does not make a business a profession, he is considered a businessman by commercial law.

According to the size of the business scale.

Big businessman: "complete businessman", a businessman who takes the business behavior as prescribed by law as the scope of business and fully meets the legal standards.

Small businessmen: "incomplete businessmen", businessmen with small business scale, simple equipment, and a small business scope. Small traders are generally not subject to the obligation requirements on business registration, trade names and account books.

Take the organizational form responsibility system as the standard.

Commercial partnership: A for-profit organization in which the partners sign a partnership agreement, jointly contribute, operate in partnership, share benefits, share risks, and bear unlimited joint and several liability for the debts of the partnership.

Commercial legal person: a social organization established in accordance with legal conditions and procedures, with its own property, its own name, institution, and place, and can independently bear legal responsibility.

The main difference lies in the difference between civil rights and civil obligations, and it is impossible to talk about it in detail for a day and a night.

The most significant difference is that natural persons and partnerships have unlimited liability, while legal persons have limited liability.

Oh my God, you'd better go check the books yourself...

The scope of liability is different.

There are different legal procedures that need to be followed.

Taxes are different. Hehe.

There is no difference, China implements a system of integration of civil and commercial affairs, and there is no difference between commercial and civil subjects.

Legal persons are another type of subject of civil rights corresponding to citizens. According to China's legislative practice, a legal person refers to "an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law." (Article 36 of the General Principles of the Civil Law) In the civil law theory of civil law, legal persons are divided into foundations and associations, and among associations, there are for-profit associations and non-profit associations.

Among them, for-profit associations are called enterprise legal persons in Chinese law, and in countries that have enacted commercial codes, they are called commercial legal persons.

A commercial partnership refers to a commercial organization in which two or more partners jointly contribute, operate, share interests and bear risks jointly in accordance with the provisions of the partnership agreement in order to achieve the purpose of joint profit, and the partners bear unlimited joint and several liability or limited liability for the debts arising from the partnership operation in accordance with the partnership agreement.

A businessman refers to a natural person who has the capacity for commercial rights and conduct, independently engages in commercial conduct, and performs his or her rights and obligations under the commercial law in accordance with the law.

Hello! This is because a legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. Under normal circumstances, the shareholders of the legal person are not liable for the external debts of the legal person (except in the case of withdrawal of capital contribution and confusion of personality).

A legal person is a person in the legal sense, an independent subject of responsibility, and can separate shareholders from legal persons, which is the biggest characteristic of legal persons.

Partnership refers to general partnerships and limited partnerships established by natural persons, legal persons and other organizations as provided for in the Partnership Enterprise Law 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. 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.

In other words, the partnership cannot separate the partners from the partnership itself, and the partners need to bear joint and several liability for the debts owed by the partnership, so the partnership does not have the qualification to bear the responsibility independently, that is, it does not have the independent legal personality and does not belong to the legal person in the company law, so it can only be a special commercial subject.