-
Anonymous users2024-02-101. At the legal level, different partners exist in a partnership, which is applicable to the Partnership Enterprise Law of the People's Republic of China, and is divided into general partners and limited partners. The general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the amount of capital contribution subscribed by the limited partner. Shareholders exist in **** and enjoy the rights and obligations stipulated in the Company Law.
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. 2. At the level of corporate governance, the founding shareholders and shareholders who truly participate in the operation and management of the company become partners. Investors who only invest money, pursue returns, and do not participate in the operation become shareholders.
3. Naming restrictions: The words "limited", "limited liability" or "company" shall not be used in the name of different partnerships, and the words "limited liability company" or "shares" must be used in the name of the company. 4. Capital RestrictionsDifferent partnerships do not have a minimum registered capital limit, and the company has a minimum registered capital limit. 5. Pay taxes and feesDifferent partnerships only pay individual income tax, not enterprise income tax, the company pays enterprise income tax, and shareholders pay individual income tax on the company dividends or dividends they obtain.
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. Article 2 of the Partnership Enterprise Law of the People's Republic of China The term "partnership enterprise" as used in this Law refers to general partnerships and limited partnerships 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.
-
Anonymous users2024-02-09The partners only manage a project in partnership, while the shareholders are the capital management of the entire company. The two concepts are different.
-
Anonymous users2024-02-08The main differences between shareholders and partners are as follows:
Clause. First, the responsibilities assumed are different.
In a partnership enterprise, each partner is jointly and severally liable for all the foreign debts of the partnership;
Shareholders (shareholders) only need to bear limited liability.
Clause. 2. Differences in the application of law.
The Partnership Law applies to partnerships, while the Company Law applies to shareholders.
Clause. Third, the funds to be borne are different.
The partnership shall bear the funds in accordance with the agreement, and the shares shall bear the funds in accordance with the proportion of capital contribution.
Clause. Fourthly, the rules for accession and withdrawal are different.
A partnership is established by agreement between the partners, and when a partner withdraws or a new partner joins, the consent of all partners must be obtained and the agreement must be re-signed.
Shareholders of joint-stock enterprises cannot withdraw their shares, but they can transfer their own shares to others.
The first people laughed. Fifth, the profit distribution method is different.
In a partnership enterprise, the partners distribute the profits according to the contract, which is negotiated and concluded by the partners before the establishment of the joint and failed partner organization, and the profits may or may not be distributed equally;
The profit distribution of joint-stock enterprises is carried out strictly in accordance with equity, and the more equity, the more profits will be distributed.
-
Anonymous users2024-02-07The main differences between shareholders and partners are as follows:
1. Responsibilities Borne by Different Partnership Enterprises, each partner of Qi Zhao shall be jointly and severally liable for all the foreign debts of the partnership; Shareholders (shareholders) only need to bear limited liability. Clause.
2. The "Partnership Enterprise Law" shall apply to the different partnerships to which the law applies, while the "Company Law" shall apply to the shareholders. Clause.
3. The funds to be borne by the partnership are different in accordance with the agreement, and the shares are to bear the funds in accordance with the proportion of capital contribution. Clause.
4. Provisions on Joining and Withdrawing Different Partnership enterprises are established according to the agreement between the partners, and when the partners withdraw or the new partners join, they must obtain the consent of all the partners and re-sign the agreement. Shareholders of joint-stock enterprises cannot withdraw their shares, but they can transfer their shares to others. Clause.
5. In a partnership enterprise with different profit distribution methods, the partners shall distribute the profits according to the contract, which shall be negotiated and concluded by the partners before the establishment of the partnership organization, and the profits may or may not be distributed equally; The profit distribution of joint-stock enterprises is carried out strictly in accordance with equity, and the more equity, the more profits will be distributed.
Legal basis: Article 68 of the Partnership Enterprise Law.
Limited partners do not perform partnership affairs and are not allowed to represent the limited partnership to the outside world. The following acts of a limited partner shall not be regarded as the execution of partnership affairs: (1) Participate in the decision on the entry or withdrawal of the general partner; (2) To make suggestions on the operation and management of the enterprise; (3) Participate in the selection of accountants and leasing firms that undertake the audit business of the limited partnership; (4) Obtain the audited financial accounting report of the limited partnership; (5) For situations involving their own interests, consult the financial accounting books and other financial information of the limited partnership; (6) When the interests of the limited partnership are infringed, claim rights or file a lawsuit against the responsible partner; (7) When the executive partner neglects to exercise his rights, he urges him to exercise his rights or initiates a lawsuit in his own name for the benefit of the enterprise; (8) Provide guarantees for the enterprise in accordance with the law.
Because the two meanings are similar.
The story of the experienced old captain, the landlord can check it.
In daily work, we need to distinguish the priority of the work content, the main work we should do in advance, and the secondary work can be done later, so how should we distinguish what is the focus of the work? >>>More
Definitely. A little common sense of life suggests that people need to drink water when they are not thirsty, just like eating when they are not hungry. If you wait until you are thirsty to drink water, the water in your body is already seriously overdrawn. >>>More
Canker soresIt generally occurs during the exchange of spring and autumnIn general, people with low immunity can not adjust the environment in time due to the change of seasons, and the immune system is low, and the virus will take advantage of the weakness at this time, causing ulcers. Ulcers generally do not require medication, and the attack cycle is about a few days or months, and it is self-limiting to heal without treatment, so even so, do we know the reason?？What are the reasons for this? >>>More