Can a private non enterprise unit become a partner?

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.

Yes, but the general qualification of private non-enterprise units should be non-profit organizations and other organizations, and it will take some effort to operate to see whether you are an industrial and commercial enterprise or whether it is for profit.

Legal analysis: 1. A partnership is an unincorporated organization. 2. Unincorporated organizations include sole proprietorship enterprises, partnership enterprises, and professional service organizations that do not have the qualifications for legal person reform and preparation.

Legal basis: Article 102 of the Civil Code of the People's Republic of China: Unincorporated organizations are organizations that do not have the status of a legal person, but are able to engage in civil activities in their own name in accordance with law. Unincorporated organizations include sole proprietorship enterprises, partnership and verification enterprises, professional service organizations that do not have legal personality, etc.

Private non-enterprise legal person: Private non-enterprise unit refers to social organizations established by enterprises, public institutions, social groups and other social forces, as well as individual citizens using non-state-owned assets, to engage in non-profit social service activities. The person in charge of them is a private non-enterprise legal person.

Individual: Personally funded and served as the person in charge of a private non-enterprise unit.

Partnership: Organized by two or more partners.

Detailed explanation of private non-enterprise units

Private non-enterprise units are a new concept. It was revised in 1996 by the leaders of ** and *** to the concept of private institutions in the past. That is, public institutions are organized by the state, and the private sector should no longer be called public institutions.

In October 1998, the Interim Regulations on the Registration and Administration of Private Non-enterprise Units were promulgated, which defined private non-enterprise units as social organizations engaged in non-profit social service activities organized by enterprises, public institutions, social organizations and other social forces, as well as individual citizens using non-state-owned assets.

Eligibility

It shall be reviewed and approved by the professional supervisory unit and approved by an official document.

There is a standardized name, and the name conforms to the "Interim Provisions on the Management of the Name of Private Non-enterprise Units" formulated by the Ministry of Civil Affairs.

There is a necessary organizational structure.

There are practitioners who are suitable for their business activities.

It has legal assets that are appropriate to its business activities, and the share of non-state-owned assets in its legal assets shall not be less than two-thirds of the total assets. The start-up capital must meet the minimum amount stipulated by the Bank.

There are necessary places, equipment, and facilities suitable for its business, and the activity venue must have a certificate of property right or a certificate of right to use it for more than one year.

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Legal analysis: In general, the person in charge and the organizer are the same person, except that when the organizer is a unit, the person in charge is appointed by the organizer.

With regard to private non-enterprise units that are funded by individuals and are legal representatives, they shall be registered as individuals and cannot be registered as legal persons in accordance with the regulations on the registration and administration of private non-enterprise units.

Legal basis: Civil Code of the People's Republic of China

Article 57: Legal persons are organizations that have the capacity for civil rights and civil conduct, and independently enjoy the rights of civil affairs and undertake civil affairs in accordance with law.

Article 58: Legal persons shall be established in accordance with law. Legal persons shall have their own name, organizational structure, domicile, property, or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

Where laws or administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions.

It doesn't belong.

1.A partnership is not a legal person.

2.Partnership refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations in accordance with the Partnership Enterprise Law of the People's Republic of China. A legal person is an organization that has the capacity for civil rights and the capacity for conduct of the Mintong League, and independently enjoys civil rights and bears civil obligations in accordance with the law.

1. Is a partnership an unincorporated organization?

1. A partnership is an unincorporated organization. A legal person is an organization that has the capacity for civil rights and civil conduct, and can independently enjoy civil rights and responsibilities. A partnership does not have legal personality and is an unincorporated organization, but it can also engage in civil activities in its own name.

2. Legal basis: Article 2 of the Partnership Enterprise Law of the People's Republic of China.

The term "partnership enterprise" 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 consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

Article 3. Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions, and social organizations must not become general partners.

2. What are the functions and powers of the limited partners in a limited partnership?

1. Participate in the decision on the entry and withdrawal of general partners;

2. Make suggestions to the business managers of the enterprise;

3. Participate in the selection of accounting firms to undertake the audit business of limited partnerships;

4. Obtain audited financial accounting reports of limited partnerships;

5. For situations involving their own interests, check the financial accounting books and other financial information of the partnership with a shouting limit;

6. When the interests in the limited partnership are infringed, claim rights or file a lawsuit against the responsible partner;

7. When the executive partner neglects the formal rights, urge him to exercise his rights or file a lawsuit in his own name for the benefit of the enterprise;

8. Provide guarantee for the enterprise in accordance with the law.