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The organizational form is the organizational structure of the enterprise.
Or the embodiment of a form of responsibility.
Corporate enterprises.
Generally, it should be expressed as "****", "limited liability company", "joint-stock company" and "share****".
Other types of enterprises can be expressed as "center", "department", "factory", "shop", etc., and "(general partnership)", "limited partnership" and "special general partnership" should also be added after the organizational form of the partnership.
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The form of organization of the enterprise.
It is usually classified as: sole proprietorship, partnership, and corporate enterprise.
1. Sole proprietorship. Sole proprietorship, also known as "single owner" in the West. It was founded by someone and has a lot of freedom.
As long as it is not illegal, it is up to the owner to decide how to run the business, how many people to hire, and how much to borrow. Earn money, pay taxes, and obey the distribution of the owner; The loss of capital and debts are all covered by the owner's assets. Self-employed in our country.
and private companies, many of which fall into this category.
2. Partnership. A partnership is an enterprise founded by a few, dozens, or even hundreds of people who join forces to jointly fund and start. It is different from a corporate enterprise with separation of ownership and management.
It is usually organized according to contracts or agreements, and the structure is relatively unstable. The partners have unlimited liability for the debts owed by the partnership as a whole. A partnership is not as free as a sole proprietorship, and decisions are usually made collectively by the partners, but it has a certain size of the business.
Advantage. The above two types of enterprises are natural person enterprises, and the investor bears unlimited liability for the enterprise.
Features of the partnership:
1) Partnership Law.
It stipulates that each partner shall be liable for the debts of the enterprise without limits, joint and several liability.
If one partner is unable to repay his share of the debt, the other partners are jointly and severally liable).
2) The law also stipulates that partners need to obtain the consent of the other partners when transferring their ownership, and sometimes even need to amend the partnership agreement, so it is difficult to transfer their ownership.
3. Company. A company is an enterprise founded by the separation of ownership and management rights, and the investor bears limited liability for the company according to the amount of capital contribution. It mainly includes limited liability companies and shares.
A limited liability company refers to a company that is not established by a small number of shareholders (generally established by more than 2 shareholders and less than 50 shareholders) without issuing **, and its capital does not need to be divided into equal shares, and shareholders are subject to certain restrictions when transferring equity. In a limited liability company, directors and top managers tend to have shareholder status, making the degree of separation of ownership and management not as high as that of shares. The financial status of a limited liability company does not need to be disclosed to the public, the establishment and dissolution procedures of the company are relatively simple, and the management organization is relatively simple, which is more suitable for small and medium-sized enterprises.
Shares: All registered capital.
It is an enterprise legal person that is composed of equal shares and raises capital through the issuance of ** (or equity warrants), and the company bears limited liability for the company's debts with all its assets. (There should be more than 2 people and less than 200 as promoters, and the minimum amount of registered capital is RMB 5 million) Its main characteristics are: the company's total capital is equally divided into shares of equal amount; Shareholders have limited liability for the company with their subscribed shares, and the company is liable for the company's debts with all its assets; Each share has one voting right, and shareholders enjoy rights and assume obligations with their shares.
Its essence is also a kind of limited liability company).
The organizational form of an enterprise refers to the organizational state of enterprise property and its socialized large-scale production, which indicates the way in which an enterprise's property composition, internal division of labor and cooperation, and external social and economic ties are linked.
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1. The organizational form of an enterprise refers to the form and type of an enterprise, which mainly includes three forms: sole proprietorship, partnership and corporate enterprise. No matter what form of organization an enterprise adopts, it should have two basic economic rights, namely, ownership and management rights, which are the basis for enterprises to engage in economic and financial operations. The organizational form adopted by the enterprise has a significant impact on the financial management of the enterprise.
It refers to the organizational state of enterprise property and its socialized large-scale production, which indicates the way in which an enterprise's property composition, internal division of labor and cooperation, and external social and economic relations are present.
2. Classification: the organizational form of modern enterprises;
the tax implications of different forms of corporate organization; According to the requirements of the market economy, the organizational form of modern enterprises is divided according to the organizational form of property and the legal responsibilities they bear. Internationally, it is commonly classified as: sole proprietorship, partnership, and corporate enterprise.
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1. What are the organizational forms of the company?
1. The organizational form of the company is as follows:
1) An unlimited liability company, which is a company consisting of two or more shareholders whose shareholders are jointly and severally liable for the company's debts;
2) A limited liability company, which is composed of shareholders with more than 5 persons and 21 shareholders with less than a certain number of persons, and the shareholders are limited to the amount of their capital contributions and bear limited liability for the repayment of the company's debts;
3) Shares, shares are composed of more than a number of shareholders, all the capital is divided into shares, and the shareholders are limited to the amount of shares they purchase to pay off the company's debts.
2. Legal basis: Article 57 of the Company Law of the People's Republic of China.
The concept of a one-person company] The establishment and organization of a one-person limited liability company shall be governed by the provisions of this section; Where there are no provisions in this section, the provisions of Sections 1 and 2 of this chapter apply.
The term "one-person limited liability company" as used in this Law refers to a limited liability company with only one natural person shareholder or one legal person shareholder.
2. What is the process of setting up a company.
The process of setting up a company is as follows:
1. Apply to the industrial and commercial registration authority for approval of the company's name;
2. Draw up the articles of association;
3. Go through the registration procedures for the establishment of the company at the industrial and commercial authorities;
4. Obtain a business license;
5. Go to the department designated by the public security organ to engrave the seal;
6. Open a basic bank account and other accounts at the bank.
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The organizational form is the embodiment of the organizational structure or responsibility form of the enterprise.
A corporate enterprise should generally be expressed as "****", "limited liability company", "joint-stock company" and "share".
Other types of enterprises can be expressed as "center", "department", "factory", "shop", etc., and "(general partnership)", "limited partnership" and "special general partnership" should also be added after the organizational form of the partnership.
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1. An unlimited company is a company composed of two or more shareholders whose shareholders bear unlimited liability for the company's debts. 2. A limited liability company is a company established in accordance with the conditions prescribed by law and composed of a certain number of shareholders (more than 2 and less than 50 people), the shareholders are liable to the company to the extent of their capital contributions, and the company is liable for the company's debts with all its assets. (3) A partnership company is a company consisting of one or more shareholders with unlimited liability and one or more shareholders of a limited liability company.
Its main feature is that the shareholders of a limited liability company are only liable to the company to the extent of their capital contribution to the company, while the shareholders of an unlimited company bear unlimited liability to the company; The company is operated by unlimited liability shareholders. 4. A joint-stock limited liability company is composed of more than a certain number of shareholders, and all the capital of the company is equal shares, and the shareholders are liable to the company to the extent of their shares, and the company is liable for the company's debts with all its assets. There are only two types of companies stipulated in China's "Company Law", one is a limited liability company (including a wholly state-owned company), and the other is a share.
Legal basis: Article 3 of the Company Law of the People's Republic of China A company is an enterprise legal person, with independent legal person property and the right to enjoy legal person property. 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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(1) Board of Directors System Cooperative enterprises with legal personality generally implement the board of directors system. The board of directors is the highest authority of the cooperative enterprise, which decides on major issues of the cooperative enterprise, and the chairman and vice chairman of the board of directors are elected by the cooperative parties through consultation; Where one of the Chinese and foreign cooperators serves as the chairman, the other party serves as the vice chairman. (2) Joint management system Cooperative enterprises that do not have legal personality generally implement the joint management system.
The joint management body is composed of representatives of the cooperative parties and is the highest authority of the cooperative enterprise, which decides on major issues of the cooperative enterprise. Where one of the Chinese and foreign cooperators serves as the director of the joint management body, the other party serves as the deputy director. (3) Entrusted management system With the unanimous consent of all parties, the cooperative enterprise may entrust one of the Sino-foreign cooperative parties to carry out operation and management, and the other party shall not participate in the management; It is also possible to entrust a third party other than the partner to operate and manage the enterprise.
4) Rules of Procedure The meeting of the board of directors or the joint management committee of the cooperative enterprise shall be held at least once a year, and shall be convened and presided over by the chairman or director. When the chairman of the board of directors or the director is unable to perform his duties due to special reasons, the vice chairman, deputy director, or other directors and members shall convene and preside.
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