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The type of enterprise mainly refers to the type of company, which is classified according to the scope of responsibility of the shareholders. China's Company Law.
Limit the company to a limited liability company and shares, and the limited liability company includes a wholly state-owned company. In addition, China's law also stipulates that partnership enterprises and sole proprietorship enterprises that are not corporate legal persons.
The types of enterprises include: individual, sole proprietorship, partnership (ordinary, special general partnership, limited partnership), company (limited "one-person, wholly state-owned", shares), and professional farmer cooperatives.
The economic nature refers to the ownership nature of the enterprise, which is determined by the affiliation of the investment entity of the enterprise itself. At present, China has the following types of enterprises of economic nature: enterprises owned by the whole people.
Collective-owned enterprises, private enterprises, enterprises with various economic sectors and joint-stock cooperative enterprises.
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Enterprises include companies, and enterprises refer to economic organizations established in accordance with the law to engage in independent accounting of production and business activities for the purpose of profit. The company is.
An enterprise legal person established and registered for the purpose of profit in accordance with the Company Law. Enterprises are divided into legal person enterprises and unincorporated enterprises, and the company is one of the legal person enterprises, and the unincorporated enterprises include sole proprietorship enterprises, partnership enterprises, etc.
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Legal Analysis: There are three types of businesses. The first is a sole proprietorship, that is, an enterprise that is funded and operated by an individual, owned and controlled by an individual, and is owned and controlled by an individual, and is subject to the risk of operation and enjoys all the operating benefits.
A sole proprietorship that operates as a sole proprietorship has unlimited financial liability, and the borrower can withhold the owner's personal property in the event of bankruptcy.
The second type is a partnership, which refers to a for-profit organization in which each partner enters into a partnership agreement, jointly contributes capital, operates together, shares benefits, shares risks, and bears unlimited joint and several liability for corporate debts. Partnerships are divided into general partnerships and limited partnerships.
The third type is a corporate enterprise, which refers to an economic organization established by a quorum of investors (or shareholders) in accordance with the law, operates independently, is responsible for its own profits and losses, and has the status of a legal person. At present, there are two forms of corporate enterprises in China: limited liability company and share. When an enterprise adopts the organizational form of the corporate system, the main body of ownership and the main body of management rights are separated, and the owner only participates in and makes financial decisions about the changes in the owner's equity or capital equity, while the daily production and operation activities and financial management activities are made by the operator.
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.
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There are many types of businesses.
Limited Liability Companies, Shares****, Partnerships, Sole Proprietorships, Self-Employed Individuals.
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Legal Analysis]: The types of companies are mainly divided according to whether the total capital is divided into equal shares, which can be divided into limited liability companies and shares. The difference between the two;
1. Difference in the number of shareholders;
2. Differences in organizational structure;
3. The difference between equity transfer and liquidity;
4. Differences in the openness of financial status.
1. According to the different responsibilities of the debt, it can be divided into unlimited liability company, limited liability company, joint stock company, joint stock cooperative company.
2. According to the different control and dependency relationships, it can be divided into parent company (with legal personality) and subsidiary (with legal personality).
3. According to the different jurisdictional systems, it can be divided into the company (with legal personality) and branch (without legal personality).
4. According to different credit ratings, it can be divided into people's cooperative companies, joint venture companies, and joint venture companies.
Legal basis]: Article 80 of the Company Law of the People's Republic of China If the shares are established by initiating establishment, the registered capital shall be the total amount of share capital subscribed by all the promoters registered with the company registration authority. No shares shall be raised from others until the shares subscribed by the promoter are fully paid.
If the shares are established by way of raising, the registered capital shall be the total paid-in share capital registered with the company registration authority.
If laws, administrative regulations and decisions have other provisions on the paid-in registered capital and the minimum amount of registered capital of shares, such provisions shall prevail.
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Legal analysisThe main forms of the company are unlimited liability companies, limited liability companies, cooperative companies, joint stock companies, and joint stock cooperative companies, which are different from non-profit social groups and institutions. Under the current Chinese Company Law, companies are divided into limited liability companies and shares****.
The differences between the two are: 1. The difference in the number of shareholders; 2. Differences in organizational structure; 3. The difference between equity transfer and liquidity; 4. Differences in the openness of financial status.
Legal basisArticle 2 of the Company Law of the People's Republic of China refers to the limited liability company and shares established in China in accordance with this Law.
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The types of enterprises stipulated in the Company Law are:
1. According to the type of responsibility of the company, it can be divided into limited liability companies and shares;
2. According to the scale of operation, it can be divided into listed companies and non-listed companies;
3. According to the company's domicile, it can be divided into domestic companies and foreign companies;
4. Other types of enterprises as stipulated in the Company Law.
Legal basisArticle 2 of the Company Law of the People's Republic of China.
For the purposes of this Law, the term "company" refers to a limited liability company and shares established in China in accordance with this Law.
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 the limited liability company shall be 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 120.
For the purposes of this Law, the term "listed company" refers to its shares listed and traded on the exchange.
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The main classifications of enterprises are: joint venture, sole proprietorship, state-owned, private, national ownership, collective ownership, joint-stock system, limited liability and so on.
The law requires specific needs for different types of enterprises, such as the conditions for establishment, the procedures for establishment, and the internal organizational structure to form enterprises. As for the types of enterprises, China's "Company Law", "Heyuan Wang-funded Enterprise Law", "Sino-Foreign Cooperative Joint Venture Law", "Sino-foreign Joint Venture Law", "Foreign-funded Enterprise Law", "Sole Proprietorship Enterprise Law" and other laws and regulations have relevant provisions.
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Legal Analysis: Business types are divided into sole proprietorships, partnerships, shares, and limited liability companies. Legal basis
1. Article 2 of the Company Law, the object of adjustment, the company referred to in this Law refers to the limited liability company and shares established in China in accordance with this Law. 2. Article 1 of the Partnership Enterprise Law stipulates that this Law is enacted in order to regulate the behavior of partnership enterprises, protect the legitimate rights and interests of partnership enterprises, their partners and creditors, maintain social and economic order, and promote the development of the socialist market chain economy.
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