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1. The legal basis is different. The basis for the formation of the company type ** is the company law, while the formation of the contract type ** is based on the ** contract, and the trust law is the legal basis for its establishment.
2. The legal personality of ** property is different. The corporate type has legal personality, while the contractual type does not have legal personality.
3. The issued vouchers are different. The company type is issued by **, and the contract type is issued by the beneficiary certificate (**unit).
4. The status of investors is different. As shareholders of the company, the investors of the company have the right to express their opinions on the company's major decisions, and can participate in the general meeting of shareholders and exercise their shareholder rights. After purchasing the beneficiary certificate, the contractual** investor becomes a party to the contractual relationship, that is, the beneficiary, and has no say in the use of funds.
5. The basis for the use of assets is different. The corporate type uses the assets according to the articles of association, while the contractual type uses the assets according to the contract.
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1. The legislative basis is different
The contractual type is organized and operated under the Trust Act, while the corporate type is organized under the Company Act.
2. The legal form is different
The contract type ** does not have legal personality, and the second company type ** has legal personality.
3. The status of investors is different
The contractual type is established on the basis of the contract, and although the investor can express his opinion through the general meeting of shareholders, the rights granted to the investor by the general meeting of shareholders of the company are relatively small.
4. The basis of operation is different
Contract-based**Operate according to**Contract**; The company type operates according to the articles of association.
5. Different financing channels
Contract-type ** generally does not borrow from banks and does not operate with liabilities; The company**, on the other hand, can borrow from banks when it is doing well and the business is going well, so as to increase the size of the expanded portfolio.
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The main differences between contractual and corporate types are different legal basis, different legal personality, different status of investors, different financing channels, different basis of operating property and different operations.
1. The legal basis is different.
The contractual type is formed in accordance with the contract, and the trust law is the basis for the establishment of the contractual type; The company type ** is formed in accordance with the Company Law.
2. The legal personality is different.
The contractual type ** does not have legal personality, while the corporate type ** itself is a share with legal personality.
3. The status of investors is different
As the beneficiary specified in the trust deed, the contractual investor usually does not have a say in the important investment decisions made about how to use it; As shareholders of the company, the company's investors have the right to approve the company's major decisions and express their opinions.
4. Different financing channels.
Company type** due to the legal personality. When the use of funds is good, the business is carried out smoothly, and it is necessary to expand the scale of the company and increase assets, you can borrow from the bank: the contract type ** generally does not borrow from the bank because it does not have legal personality.
5. The basis for operating property is different.
Contractual type of property by virtue of the contract management; The company** type operates in accordance with the company's articles of association.
6. The operation is different.
Like a general joint-stock company, the company is generally permanent unless it reaches the stage of bankruptcy and liquidation according to the company law; The contract type is established and operated according to the contract, and the operation is terminated when the contract expires.
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The corporate type** is an investor with a common investment goal formed in accordance with the company law for the purpose of profit, investing in a specific object (if valuable.
**, the currency of the acid company. This kind of gold collection through the issuance of service shares is an economic reality with a legal personality.
**The holder of the builder** is the owner of the company. After the establishment of the company, it usually entrusts a specific ** manager to invest.
Q: Use the ** production of the maze line to cast the stream.
The type of ** is established on the basis of a certain trust contract, and one is accepted by the **management company (client) and **custodian institution.
The trustee (beneficiary) is established through a trust deed. There is such a relationship between the three parties of the contractual type.
The trustee is responsible for the sale of the trust property in accordance with the contract, and the investor enjoys the award in accordance with the contract.
income. The way to raise funds is generally to issue beneficiary coupons or units, which is a valuable kind of deed, indicating.
A person's ownership of the ** property participates by virtue of his ownership.
The main differences between a company type and a contract type are as follows.
Dot. 1. The legal basis is different. The basis for the formation of the public type ** is the company.
law, and the formation of the contract type ** is in accordance with the ** contract, and the trust law is it.
Legal basis for establishment.
2. The legal personality of ** property is different. The company type has a law.
personal qualifications, while contractual type ** does not have legal personality.
3. The issued vouchers are different. The company type is issued by **, and the contract type is issued by the beneficiary certificate (**unit).
4. The status of investors is different. As shareholders of the company, the investors of the company have the right to express their opinions on the major decisions of the company.
You can participate in the general meeting of shareholders and exercise your rights as a shareholder. After the contractual** investor purchases the beneficiary certificate, it becomes a party to the contractual relationship.
The person, i.e., the beneficiary, has no say in the use of the funds.
5. The use of spring production is different. The corporate type ** uses ** assets according to the provisions of the company's articles of association, while the contract type ** is based on the crying contract.
to use ** assets.
6. The preaching is different. The company type ** has a legal person spring grid, and can borrow from the bank under certain circumstances. And the contract type ** one acid.
It is not possible to borrow money from banks.
The way of gold luck is different. The company type ** is like a machine company, unless it is produced in accordance with the provisions of the company law.
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(1) The nature of the funds is differentThe capital of the contract type ** is the trust property raised through the issuance of ** shares; The capital of the corporation type ** is the capital of the corporate corporation raised through the issuance of ordinary **.
(2) The status of investors is differentThe investor of the contract type becomes one of the parties to the contract after purchasing the shares, and the investor is both the principal and the beneficiary of the contract; The investor of the company becomes a shareholder of the company after buying it, so the investor of the company has more influence on the operation of the company than the investor of the contract type.
(3) The operating basis of ** is differentContract**Operate according to**Contract**; The company type operates in accordance with the articles of association.
It can be seen that the contract type and the company type are different in terms of legal basis, organizational form and the status of the relevant parties, but they are all investment methods that concentrate investors' funds and diversify their assets into a large number of financial products in accordance with the investment objectives and strategies specified at the time of establishment, and then distribute the income to investors after obtaining income. At present, all of our country's ** are contractual**.
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Hello, the difference between contractual type and company type:
1.The nature of the funds is different. The capital of the contract type is the trust property that can be raised by issuing the share of the insider's **; The capital of the corporation type ** is the capital of the corporate corporation raised through the issuance of ordinary **.
2.Investors are in a different position. The investor is the principal of the contract, that is, based on the trust in the manager, entrusts his funds to the manager for management and operation, and is the beneficiary of the contract, that is, he enjoys the beneficiary right.
The investor of the company becomes a shareholder of the company after buying it, so the investor of the company has more influence on the operation of the company than the investor of the contract.
3.** Operates on different grounds. The contractual type operates according to the contract, and the company operates according to the articles of association of the investment company.
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The difference between the contract type and the company type is different in nature, characteristics and legal basis. The contract type ** does not have legal personality, and the company type ** itself is a share with legal personality. Contractual investors usually do not have a say in how to use important investment decisions, and corporate investors, as shareholders of the company, have the right to approve and express their opinions on the company's major decisions.
First, the nature is different.
The contract type is an investment behavior organized based on a certain contract principle. It consists of three parties: the principal, the beneficiary and the trustee. The consignor is the setter of the investment, that is, the setting and organization of various types of investment and issuance benefits, and the funds raised are managed by the trustee, and at the same time the specific investment and use of the funds raised; The company type refers to the profit-oriented joint-stock investment company formed by investors for the purpose of common investment objectives, and invests the formed company assets in valuable investments.
The company type raises funds through issuance and is an economic organization with legal personality.
Second, the characteristics are different.
The establishment procedure is similar to that of a general joint-stock company, which is itself an independent legal entity of the Dust Chain Brigade. However, unlike the general joint-stock company, it entrusts the ** management company as a professional financial adviser or manager to operate and manage the ** assets; Contractual type ** it does not have a board of directors, ** the manager company itself as a entrusted company to set up**, call for itself or then hire a manager to manage the operation and operation of **, and usually designate a ** company or underwriting company to handle the issuance, sale, transfer, transaction, profit distribution, income and repayment payment of the beneficiary certificate - ** single certificate.
3. The legal basis is different.
The contract type is formed in accordance with the contract, and the trust law is the basis for the establishment of the contract type; The company type ** is formed in accordance with the Company Law.
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