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Partners refer to organizations and individuals who invest in the formation of a partnership and participate in the partnership, and are the main body of the partnership. The first thing you have in a partnership is the partners. A partner is a relatively common concept in jurisprudence, usually referring to a natural or legal person who invests in a partnership with his assets, participates in the partnership, enjoys rights and obligations according to the agreement, and bears unlimited (or limited) liability for the debts of the enterprise.
Partners should have the capacity for civil rights and conduct. Article 30 of the General Principles of the Civil Law stipulates that "an individual partnership refers to two or more citizens who provide funds, goods, technology, etc., in accordance with the agreement, to operate in partnership and work together."
It is true that a company cannot be a general partner. Because the company is limited property, it cannot be jointly and severally liable. If the company can become a general partner, then there will be a loophole to form a limited partnership, the company is a general partnership, and other natural persons are limited partnerships, and then the responsibility is borne by the company, which is not conducive to the realization of the rights of creditors.
Legal basis: Article 30 of the General Principles of the Civil Law of the People's Republic of China refers to the partnership and joint labor of two or more citizens in accordance with the agreement, each providing funds, in-kind and technology.
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A legal person can become a partner in a partnership. Article 2 of the Partnership Enterprise Law of the People's Republic of China stipulates that the term "partnership enterprise" as used in this Law refers to general partnerships and limited partnerships established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law.
It can be seen that a legal person can become a partner in a partnership.
Legal Entities:
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. The legal person system is an important legal system for all countries in the world to regulate the economic order and the entire social order. The legal entity systems of various countries share common features, but their content is different.
Different legal persons have formed different theories of legal persons, and the theory of legal person system has become the theoretical basis for all countries in the world to establish and improve the legal person system, standardize the economic order, and the entire social order.
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A legal person is the legal representative of the enterprise and the leader of the enterprise, and he can also be the shareholder of the enterprise.
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A legal person cannot be a partner in a partnership, because a legal person cannot become an unlimited liability.
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OK. A legal person can become a general partner.
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Legal Analysis: Yes. Partners refer to organizations and individuals that invest in the formation of a partnership and participate in the operation of the partnership, and are the main body of the partnership.
The first thing that comes into existence in a partnership is the partner. A partner is a relatively common concept in jurisprudence, usually referring to a natural person or legal person who invests in partnership with his assets, participates in the partnership, enjoys rights and obligations according to the agreement, and bears unlimited (or limited) liability for the debts of the enterprise.
Legal basis: "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 and limited partnership established by natural persons, legal persons and other organizations 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. Where this Law has special provisions on the form of liability of the general partner, follow those provisions.
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, 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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OK. Partners refer to organizations and individuals that invest in the formation of a partnership and participate in the partnership operation, and are the main body of the partnership. The first and foremost in a brazen pants partnership is the partner.
Partner is a relatively common concept in the law of blind simplification, usually refers to a natural or legal person who invests in a partnership with his assets, participates in the partnership, enjoys rights and obligations according to the agreement, and bears unlimited (or limited) liability for the debts of the enterprise.
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A partnership is not an independent legal person, and it does not have an independent wealth to repent, and cannot be held liable with its own property. In accordance with the provisions of the partnership agreement or the decision of all partners, the partners may increase or decrease their capital contributions to the partnership enterprise on their own.
Article 57 of the Civil Code of the People's Republic of China: 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 law. Article 102 of the Civil Code of the People's Republic of China: An unincorporated organization is an organization that does not have the status of a legal person, but is able to engage in civil activities in its own name in accordance with law. Unincorporated organizations include sole proprietorships, partnerships, and professional service organizations that do not have legal personality.
OK. Partnerships are divided into general partnerships and limited partnerships. Partners are divided into general partners and limited partners. The general partner can contribute capital with labor services. >>>More
Because of the Partnership Act.
There are clear provisions on the composition of the members of the partnership: According to Article 61 of the Law: "A limited partnership shall be established by two to fifty partners; However, unless otherwise provided by law. >>>More
Partnerships and sole proprietorships are not allowed to be listed for the following reasons: >>>More
First, we must have a good character. Second, people who are very complementary to themselves. Third, people who can communicate are reasonable. Fourth, people who can share responsibility. Fifth, don't mess around big things, don't care about small things.
General partnership registration process: 1. After consultation, collect and fill in the "Application for Pre-approval of Name" and "Designation (Entrustment) Letter", and prepare relevant materials at the same time; 2. Submit the name registration materials, receive the "Name Registration Acceptance Notice" and wait for the name approval result; 3. Collect the Notice of Pre-approval of Enterprise Name on the date determined by the Notice of Acceptance of Name Registration, and at the same time receive the Application for Establishment and Registration of Enterprises; If the business scope involves pre-approval, the relevant approval procedures shall be handled; 4. Submit the application materials, and receive the "Notice of Acceptance" after the materials are complete; 5. Pay the registration fee and collect the license according to the date determined in the "Notice of Acceptance".