Should an individual enterprise register a legal person shareholder or a natural person shareholder?

An individual is a natural person, and only natural person shareholders can be registered, which is not a multiple-choice question.

The main difference between a corporate shareholder and a natural person shareholder is the different ways of exercising rights and obligations. Specifically, a natural person shareholder is a specific person who personally enjoys and directly exercises shareholder rights and obligations, such as participating in shareholders' meetings, checking financial accounts, receiving dividends, etc.

A corporate shareholder is an organization, as an abstract entity fabricated in accordance with the law, and the exercise of its rights and obligations needs to be completed through the behavior of specific people, and the way is to send a shareholder representative to complete it on its behalf with the authorization and entrustment procedures, and the organization bears the consequences.

Legal basis: Article 33 of the Company Law of the People's Republic of China.

Shareholders have the right to inspect and copy the articles of association, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board of supervisors, and financial and accounting reports.

Shareholders may request to inspect the company's accounting books. If a shareholder requests to inspect the company's accounting books, he or she shall submit a written request to the company, explaining the purpose of the book. If the company has a reasonable basis to believe that the shareholder's inspection of the accounting books has an improper purpose and may harm the legitimate interests of the company, it may refuse to provide the inspection, and shall reply to the shareholder in writing and explain the reasons within 15 days from the date of the shareholder's written request.

If the company refuses to provide access, the shareholders may request the people's court to require the company to provide access. Zhibi.

Article 34 of the Company Law of the People's Republic of China.

Shareholders receive dividends in proportion to their paid-in contributions; When the company adds new capital, shareholders have the right to subscribe for capital contributions in accordance with the proportion of paid-in capital contributions. However, all shareholders agree not to distribute dividends in accordance with the proportion of capital contribution or do not subscribe for capital contribution in priority according to the proportion of capital contribution.

The difference between a corporate shareholder and a natural person shareholder is that the form of expression is different, and the way of exercising rights is also different, because private shareholders directly exercise shareholder rights and bear the relevant legal consequences, while corporate shareholders are shares in the name of the company, if the shareholders need to bear any legal responsibility, it is equivalent to the entire company must bear the corresponding consequences.

A natural person shareholder is a specific person; A corporate shareholder is an organization that acts as an abstract entity fabricated in accordance with the law.

Natural person shareholders enjoy and directly exercise shareholder rights and assume obligations, such as participating in shareholders' meetings, consulting financial and accounting information, receiving dividends, etc.; The exercise of the rights and obligations of the shareholders of a legal person shall be completed by the act of a specific person, and the method shall be to send a shareholder representative to complete the formalities on their behalf with the authorization of the hidden bright touch, and the consequences shall be borne by the organization.

What are the rights of shareholders?

1) The right to benefit from assets, participate in major decision-making, and select managers in accordance with law;

2) Require the company to issue a capital contribution certificate for it, and record the name (or title), address, amount of capital contribution and capital contribution certificate number in the register of shareholders;

3) Dividends shall be distributed in accordance with the proportion of capital contributions paid;

4) When the company adds new capital, the original shareholders can subscribe for the capital contribution first, and subscribe for the new capital contribution in accordance with the proportion of their respective paid-in capital contributions before the capital increase;

5) Transfer and mortgage the equity held in accordance with the relevant regulations;

6) Supervise, make suggestions or inquiries about the company's business, operation and financial management. Right to view, copy? Articles of Association, minutes of shareholders' meetings and financial and accounting reports.

7) After the liquidation of the company, the remaining assets shall be shared according to the proportion of paid-in capital contribution.

Legal basis

Article 20 of the Company Law of the People's Republic of China stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law. If a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.

Summary. Hello, glad to answer for you. <>

There is no difference between registering a company, the company is a corporate shareholder, and the individual shareholder is a natural person shareholder. If it is a general limited liability company, the shares are determined according to the proportion of the investment amount and the registered capital, and the profits are also distributed according to the proportion of the shares. The distribution of equity and profits is stipulated in the articles of association and the resolution of the shareholders' meeting provided at the time of company registration, and unless there are special requirements, the principle of normal distribution is sufficient.

In the articles of association and the resolution of the shareholders' meeting, the rights and obligations of each person in the company are stipulated, such as the proportion of equity, personal responsibilities, how to distribute dividends, etc., as well as the registered capital of the company and the subscription period, etc., and the legal representative can be a shareholder or not a shareholder. The registered company needs to apply for a business license, organization certificate, tax registration certificate, and if there are projects that need to be licensed in the business scope, the corresponding license needs to be handled.

Is it better to register a company as a natural person shareholder? Or is it better to be a corporate shareholder?

Hello, glad to answer for you. <>

There is no difference between registering a company, the company is a corporate shareholder, and the individual shareholder is a natural person shareholder. If it is a general limited liability company, the shares are determined according to the proportion of the investment amount and the registered capital of the concession, and the profits are also distributed in proportion to the share ownership. The articles of association and the resolution of the shareholders' meeting provided for the distribution of equity and profits are stipulated in the articles of association and the resolution of the shareholders' meeting provided by the company at the time of registration, and unless there are special requirements, the principle of normal distribution is sufficient.

In the articles of association and the resolution of the shareholders' meeting, the rights and obligations of each person in the company are stipulated, such as the proportion of equity, personal responsibilities, how to distribute dividends, etc., as well as the registered capital of the company and the subscription period, etc., and the legal representative can be a shareholder or not a shareholder. The registered company needs to apply for a business license, organization certificate, tax registration certificate, and if there are projects that need to be licensed in the business scope, the corresponding license needs to be handled.

That's with friends, and the investment profit is half of a person, what about this situation?

The shareholders of the legal person have the right to operate and manage, and the shareholders are only investors and enjoy the rights of income. At the same time as signing with other companies, only the signature of the corporate legal person is valid. The choice is yours.

Corporate shares vs natural person shares

As is customary, let's start with the concept. Let's talk about what is a corporate shareholder and what is a natural person shareholder:

Corporate shareholders

Corporate shareholders, also known as unit shareholders, refer to:

Shareholders who own shares of other enterprises in the name of a company or group (institution).

The largest number of shareholders of a company is a corporate legal person. Generally, all types of legal persons of enterprises established in accordance with the law have the right to invest in the company and become shareholders of the company, and there are no special restrictions.

Natural person Qingkai shareholder

A natural person shareholder is an individual investor with citizenship status, which is a concept relative to a corporate shareholder.

After investing in the company, a natural person becomes a natural person shareholder by registering information with the industrial and commercial bureau where the company is located and registering the company's equity.

The difference between the two

Power is exercised in different ways

Natural person shareholders exercise rights and assume obligations through individuals, while legal persons, as a fictitious entity, need to exercise specific acts through legal representatives.

In the operation of the company.

Natural persons can directly participate in management, participate in voting, and consult the company's account books; The shareholders of the legal person are the subject of the preparation, and each act needs to be carried out by the relevant natural person entrusted by the legal person, and the legal person will ultimately bear the legal consequences.

At the time of shareholding and decision-making.

Natural persons can directly contribute capital to the shares and vote at the company's shareholders' meeting; When a corporate shareholder buys shares and votes, it must first make an internal shareholders' meeting resolution in accordance with its own articles of association and the provisions of the Company Law. It can be seen that natural person shareholders are simple and flexible in operation, and are less subject to interference and restrictions.

The legal responsibilities borne are not the same

In the event that the registered capital is not in place, the capital contribution liability borne by the natural person shareholder can be traced back to the shareholder's personal assets within the scope of subscription;

Whereas. The shareholders of the legal person can only be traced back to the assets of the legal person, and cannot be traced back to the assets in the name of the natural person shareholders of the legal person, and can take the role of double protection.

Therefore, when designing the organizational structure of the enterprise, it is necessary to comprehensively consider what tools the company uses, whether it is an investment tool or a business tool, and at the same time, in the process of operation and cancellation of the company, shareholders will also have certain legal risks.

How do I choose?

Look at the strategic purpose of your company this way.

If you set up a new company that does not have a long-term strategy.

If you don't plan to go public, just to be the boss, control the shares, and have the final say, then you are a natural person shareholder, you are a major shareholder, and you have the final say;

If you set up a company to sell equity.

Find the selling points and highlights of the company, sell it after valuation, and realize the income from equity transfer, then it is recommended that you natural person shareholders, the individual income tax on equity transfer is 20%, which is far lower than the corporate income tax of 25% for the transfer of corporate shareholders;

If you set up a new company with a long-term strategy.

If you plan to go public or plan to become a century-old store, it is recommended that you register as a corporate shareholder, because the investment income obtained by the corporate shareholder is exempt from corporate income tax, and the corporate shareholder helps to go public.

company

Natural person shareholder: It is an individual investor with citizenship, who becomes a natural person shareholder after he invests in the company through the industrial and commercial bureau where the company is located. That is, a natural person shareholder is a specific person.

Individuals enjoy and directly exercise shareholder rights and assume obligations, such as attending shareholders' meetings, checking financial and accounting information, receiving shareholder dividends, etc.

Newly established companies are often faced with a choice: should a natural person be a shareholder, or should a legal person be a shareholder? Person. The key differences are:

Natural person shareholders (domestic natural persons) must pay 20% personal income tax on dividend income. If a legal person enterprise obtains dividends and dividends, it is exempted from enterprise income tax according to regulations, because the after-tax profits of the subsidiary have been distributed, and the enterprise income tax has been paid. Therefore, when setting up a new company, it is necessary to consider whether the company needs dividends in the future and whether it is willing to accept a 20% tax burden.

In addition to dividends, the taxes paid by both parties to the equity transfer are also different. If it is a natural person, the future equity transfer shall pay 20% of the individual income tax according to the income from the property transfer, and the acquirer must withhold and pay it; If the enterprise is a shareholder, Sun Soshi needs to pay 25% of the enterprise income tax for future equity transfer, but the other party does not need to withhold and pay, and the shareholders of the missing enterprise will pay it themselves. Not only that, but there may be two places where there is room for tax savings for shareholders:

First, if the shareholders of the enterprise have losses, the income from equity transfer can make up for the losses, and the tax will naturally be reduced in the end;

The other is that if the shareholder enterprise is located in a preferential tax area, the income from equity transfer can enjoy the tax incentives or refunds of the local **, and there is also room for tax savings.