Why can t a legal person invest in the establishment of a sole proprietorship?

First of all, confirm a definition of legal person A legal person is a representative of a company referred to as a legal representative is to work on behalf of the entity of the company Because the company cannot engage in business activities on its own, someone must do such a thing on behalf of the company, this is called a legal representative Referred to as a legal person, so a legal person is not a natural person How can a company be established? ? Got it?

I think that if a legal person is allowed to set up a sole proprietorship, then it is equivalent to the legal person assuming unlimited liability to the enterprise, and if the legal person cannot afford to pay it back, it can apply for cancellation of registration, once the application for cancellation of registration, then the legal person is equivalent to death, so who will pay the debts of the enterprise? So this can easily lead to it becoming a way for natural persons to escape debts.

A sole proprietorship does not have the status of a legal person, because a sole proprietorship refers to a profit-making organization that is established with personal property contributions, all the property of the enterprise is owned by the individual, and the individual bears unlimited liability for all the debts of the enterprise. Since the individual must bear the responsibility for the enterprise with all his own property, there is a strong unity between the investor and the enterprise, and the individual who invests can directly bear the responsibility if there is a problem, and there is no need to distinguish the individual and the enterprise very clearly. For example, if an individual invests in setting up a hotel ,..

I don't know where you saw the regulations, a legal person can set up a sole proprietorship limited liability company.

Legal analysis: A sole proprietorship of a legal person has shareholders, that is, a 100% controlling investor, which can be a natural person or an enterprise. A sole proprietorship is a form of enterprise, which refers to an enterprise that is funded by an individual, owned and controlled by an individual, and undertakes the personal operation of Fengling Hui Insurance and enjoys all the operating income.

Mainly engaged in retail, handicrafts, agriculture, forestry, fishing, service and cottage workshops.

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

Article 57 The provisions of this section shall apply to the establishment and organization of a one-person limited liability company established by the bureau; 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.

Article 59 A one-person limited liability company shall indicate in the registration of the company that it is wholly owned by a natural person or a sole proprietorship by a legal person, and that it is stated in the business license of the company.

First of all, the answer is yes, you can be a shareholder of the company. Sole proprietorship is not excluded from the qualification of shareholders and can be shareholders.

So can the dividends obtained by a sole proprietorship as a shareholder of the company enjoy the tax exemption of investment income between resident enterprises?

A: No, you cannot. Sole proprietorship.

It is not a resident enterprise.

Basis: 1. According to Article 26 of the Enterprise Income Tax Law of the People's Republic of China (Decree No. 63 of the President of the People's Republic of China), "the following income of an enterprise is tax-exempt income

Equity investment income such as dividends and bonuses between eligible resident enterprises;

Non-resident enterprises that have set up institutions or places within the territory of Zhongzhou Elimination State shall obtain dividends, bonuses and other equity investment income from the resident enterprises that are actually connected with the institutions and venues;

2. According to Article 83 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China (Order No. 512 of the People's Republic of China), "the dividends, bonuses and other equity investment income between qualified resident enterprises referred to in Item (2) of Article 26 of the Enterprise Income Tax Law refers to the investment income obtained by resident enterprises directly investing in other resident enterprises. Shareholder.

A sole proprietorship, not a legal person. A sole proprietorship enterprise refers to a business entity established in China in accordance with the law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited joint and several liability for the debts of the enterprise. A sole proprietorship is an unincorporated enterprise, which does not have the status of a legal person and does not have the ability to independently bear civil liability.

Although a sole proprietorship does not have legal personality, it is an independent civil entity and can engage in civil activities in its own name. Article 2 of the Law of the People's Republic of China on Sole Proprietorship Enterprises The term "sole proprietorship enterprise" as used in this Law refers to a business entity established within the territory of China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise.

Article 2 of the Law of the People's Republic of China on Sole Proprietorship Enterprises The term "sole proprietorship enterprise" as used in this Law refers to a business entity established within the territory of China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise. Article 3 of the Law of the People's Republic of China on Sole Proprietorship Enterprises A sole proprietorship enterprise shall be domiciled in the place where its main office is located. Article 4 of the Law of the People's Republic of China on Sole Proprietorship Enterprises must comply with laws and administrative regulations, abide by the principle of good faith, and shall not harm the public interest.

Sole proprietorship enterprises shall fulfill their tax obligations in accordance with the law.

A natural person can only establish a one-person limited liability company, and the company can no longer establish a one-person (legal person) company, but can establish a branch. A legal person invested or controlled by a natural person or a sole proprietorship of a legal person invested or controlled by a non-natural person may establish a one-person (legal person) company, which is a one-person **** (a legal person-owned company invested or controlled by a natural person) or a person**** (a legal person-owned company invested or controlled by a non-natural person).

Legal basis

Company Law.