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Anonymous users2024-02-06Ways in which partners are liable for the debts of the partnership: The partners have unlimited liability for the debts of the partnership with their own property, and are jointly and severally liable among the partners. Investors in a sole proprietorship bear unlimited liability for the debts of the enterprise with their personal property.
The shareholders of a limited liability company shall be liable to the extent of the company's capital contribution.
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Anonymous users2024-02-05Partners are divided into general partners and limited partners, and they have different ways of incurring debts to the partnership.
According to Article 2 of the Partnership Enterprise Law, the general partner shall be jointly and severally liable for the debts of the partnership.
According to Article 77 of the Partnership Enterprise Law, a limited partner shall be liable to the extent of the amount of capital contribution subscribed by the limited partner.
According to Article 2 of the Law on Sole Proprietorship Enterprises, investors bear unlimited liability for the debts of the enterprise with their personal property.
According to Article 18 of the Law of the People's Republic of China on Sole Proprietorship Enterprises, if an investor in a sole proprietorship enterprise explicitly uses its common family property as an individual contribution when applying for the establishment and registration of the enterprise, it shall bear unlimited liability for the debts of the enterprise with the common family property in accordance with the law.
According to Article 3 of the Company Law, the shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contributions.
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Anonymous users2024-02-04The way in which partners are liable for the debts of the enterprise is unlimited joint and several liability; The way in which a sole proprietorship investor is liable for the debts of the enterprise is unlimited liability; The way in which a shareholder of a limited liability company is liable for the company's debts is limited to the amount of his or her capital contribution.
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Anonymous users2024-02-03The partners are jointly and severally liable for the debts of the partnership, and the partners may agree on the method and proportion of liability, but they cannot oppose a third party.
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Anonymous users2024-02-02Sole proprietorship investors are jointly and severally liable for the debts of the enterprise.
Shareholders of a limited liability company have limited liability for the company's debts only to the extent of their capital contributions.
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Anonymous users2024-02-01Partnership Law of the People's Republic of China.
Member of the Standing Committee of the Eighth National People's Congress on February 23, 1997.
Adopted at the 24th meeting of the People's Republic of China on February 23, 1997.
Decree No. 82 of the President of the People's Republic of China was promulgated and came into force on August 1, 1997).
Article 32 The profits and losses of a partnership enterprise shall be distributed and shared by the partners in accordance with the proportions agreed in the partnership agreement; If the partnership agreement does not stipulate the proportion of profit distribution and loss sharing, it shall be equally distributed and shared by each partner.
The partnership agreement shall not stipulate that all profits shall be distributed to some of the partners or that some of the partners shall bear all losses.
Article 40 When the debts of a partnership enterprise are paid off with the property of a partnership enterprise, each partner shall bear the liability for repayment of the insufficient part in accordance with the proportion provided for in the first paragraph of Article 32 of this Law with the property other than the capital contribution of the partnership enterprise.
If the amount of repayment incurred by the partner exceeds the amount that he should bear due to joint and several liability, he has the right to recover from the other partners.
Company Law of the People's Republic of China (revised in 2005).
Standing Committee of the Eighth National People's Congress on December 29, 1993.
Adopted by the Fifth Session of the National People's Congress on 25 December 1999.
The 13th meeting of the Standing Committee of the National Congress of the People's Republic of China issued a "Proposal on Amending the People's Republic of China.
The Decision on the Companies Act was amended for the first time pursuant to August 28, 2004.
The 11th Session of the Standing Committee of the 10th National People's Congress "On Revising the Matter.
Decision of the Company Law of the People's Republic of China, amended for the second time, October 2005.
Amended at the 18th Session of the Standing Committee of the 10th National People's Congress on the 27th).
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.
Law of the People's Republic of China on Sole Proprietorship Enterprises.
Member of the Standing Committee of the Ninth National People's Congress on August 30, 1999.
Adopted at the 11th meeting of the People's Republic of China on August 30, 1999.
Decree No. 20 of the President of the People's Republic of China was promulgated and came into force on January 1, 2000).
Article 18 Where an investor in a sole proprietorship enterprise clearly states that it uses its common family property as an individual capital contribution when applying for the establishment and registration of the enterprise, it shall bear unlimited liability for the debts of the enterprise with the common family property in accordance with law.
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Anonymous users2024-01-31Legal analysis: 1. In a general partnership, the partners bear unlimited joint and several liability for the debts of the partnership.
2. In a limited partnership, the general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the amount of capital contribution subscribed.
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. If there are special provisions on the form of liability of the general partner in this Law, such provisions shall prevail.
A limited partnership is composed of a general partner and a limited partner, the general partner is jointly and severally liable for the debts of the partnership enterprise, and the limited partner is liable for the debts of the partnership to the extent of the amount of capital contribution subscribed.
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