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Anonymous users2024-02-11The nature of the company is based on the company's organizational form and the different forms of external responsibility for the classification of the company, mainly limited liability company and shares
1. Limited liability company. A limited liability company is an enterprise legal person established in accordance with the Company Law of the People's Republic of China, and the shareholders are liable to the company to the extent of their capital contributions, and the company is liable for the company's debts with all its property. According to the new company law, the requirements for the establishment of a limited liability company are:
1. It is established by less than 50 shareholders;
2. The minimum amount of registered capital of a limited liability company is RMB 30,000, but it can be paid in installments (the initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor shall it be lower than the statutory minimum amount of registered capital, and the rest shall be paid in full by the shareholders within two years from the date of establishment of the company; Among them, the investment company can be fully paid up within five years);
3. Shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary valuation and can be transferred in accordance with the law, such as physical objects, intellectual property rights, land use rights, etc., except for the property that shall not be used as capital contribution as stipulated by laws and administrative regulations. The monetary contribution of all shareholders shall not be less than 30% of the registered capital of the limited liability company.
In it, special provisions were made for one person ****. A one-person limited liability company refers to a limited liability company with only one natural person shareholder or one legal person shareholder. The minimum registered capital of a one-person limited liability company is RMB 100,000.
Shareholders shall pay the capital contribution amount stipulated in the articles of association in full at one time.
Second, the shares****. The characteristics of the shares are that all its capital is divided into equal shares, and the shareholders are liable to the company to the extent of their shares, and the company is liable for the company's debts with all its assets. The requirements for its establishment are:
1. The main body. Article 79 of the Company Law stipulates that: "To establish a share, there shall be more than two more than 200 promoters as promoters, of which more than half of the promoters must have a domicile in China." ”
2. Registered capital. The minimum registered capital of a share**** is RMB 5 million. It can also be paid in installments, but the initial capital contribution shall not be less than 20% of the registered capital, and the remaining part shall be paid in full by the promoter within two years from the date of establishment of the company; Among them, the investment company can be fully paid up within five years);
3. The method of capital contribution is the same as that of a limited liability company.
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Anonymous users2024-02-10Not necessarily. There are also companies with independent legal entities.
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Anonymous users2024-02-09No, a sole proprietorship is not a joint-stock company.
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Anonymous users2024-02-08From the perspective of company law, China's corporate legal persons are divided into limited liability companies and shares. Shareholding system reform refers to the restructuring of shares of the original limited liability company or non-corporate entity; In addition to the reform of the shareholding system, the reform of the company system also includes the restructuring of non-corporate entities into corporate legal persons.
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Anonymous users2024-02-07Legal Analysis: A limited liability company is a joint-stock company. Joint-stock companies include shares **** and limited liability companies.
The shares are only divided into a number of equal shares, and each **east holds a part of the stove cavity. A limited liability company divides the shares in proportion, for example, you hold 51% and I hold 49%.
Legal basis: Article 3 of the Company Law of the People's Republic of China The company is an enterprise legal person, which has independent property and enjoys the property rights of a legal person. The company shall be liable for the debts of the company with all its assets.
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.
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Anonymous users2024-02-06Legal Analysis: No, these are two different concepts, two forms of a company. The emphasis of a limited liability company is that shareholders are liable to the company within the limit of their capital contributions, and enjoy the rights and obligations of shareholders according to their shareholding ratio; Joint-stock enterprises are easy to understand as shares, this kind of company divides the shares equally, and the shareholders subscribe for the shares, and enjoy the rights and obligations of shareholders with the shares they hold.
Legal basis: "Tanbu Duan Company Law of the People's Republic of China" Article 26 The registered capital of a limited liability company shall be the amount of capital contribution subscribed by all shareholders registered with the company registration authority. Where laws, administrative regulations and decisions have other provisions on the paid-in registered capital and the minimum amount of registered capital of a limited liability company, such provisions shall prevail.
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Anonymous users2024-02-05For example, A accounts for 50% of the enterprise and B accounts for 50% of the enterprise, then A and B are both shareholders of the enterprise, and the enterprise is a joint-stock enterprise.
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Anonymous users2024-02-04No, these are two different concepts, two forms of a company. The limited liability of the company emphasizes that the shareholders are liable to the company within the limit of their capital contributions, and enjoy the rights and obligations of shareholders according to their shareholding ratio; Joint-stock enterprises are easy to understand as shares, this kind of company divides the shares equally, and the shareholders subscribe for the shares before they dry up, and enjoy the rights and obligations of shareholders with the shares they hold.
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