The property rights of enterprise legal persons of state owned enterprises

Legal basis: Article 4 of the Company Law of the People's Republic of China The shareholders of the company, as investors, enjoy the rights of the owners to benefit from the assets, make major decisions and choose managers according to the amount of capital invested in the company. The company enjoys all the legal person property rights formed by the shareholders' investment, and enjoys civil rights and bears civil liabilities in accordance with the law.

The ownership of state-owned assets in a company belongs to the state.

The reform of state-owned enterprises has been carried out for more than 10 years, and a number of enterprises have become industry leaders and "star" enterprises, and their vitality, motivation, and competitiveness have been markedly strengthened. On the whole, however, the existing reforms have not yet fundamentally solved the problem of insufficient vitality, motivation, and competitiveness of state-owned enterprises, and the vast majority of state-owned enterprises are still quite far from the truly modern enterprise system. Song Yangyan, a well-known economist and researcher at the Chinese Academy of Social Sciences, believes that state-owned enterprises must realize the enterprise legal person system and implement the property rights of enterprise legal persons; this is the most essential requirement and the most fundamental purpose of the reform of state-owned enterprises, and it is also the way out for state-owned enterprises.

We believe that the monograph written by researcher Song Yangyan is of great practical significance for the ongoing reform of state-owned enterprises.

The concept of corporate legal person property rights, the corporate legal person property system has the strongest function and the highest efficiency, and its core is the corporate legal person property rights.

The property rights of a corporate legal person depend on the corporate legal person system. The scientific theory of the company holds that the key to the fact that the modern company can play a role that is difficult for other forms of company to play in the liberation and development of the productive forces is that it has a corporate legal person property system. Compared with any other property system in history, the corporate property system is the most functional, the lowest transaction cost (in this case, the system fee), and the most efficient.

The core of the corporate property system is the property right of the corporate legal person, that is, the ownership of the property of the corporate legal person.

What is corporate property ownership? The ownership of the property of a corporate legal person refers to all the legal rights that the legal person of a company should enjoy and exercise exclusively with its own legal property, including the right to occupy, use, dispose of, and distribute the income of the property. It is precisely because of these rights that the corporate legal person has sufficient ability to enjoy all relevant civil rights, bear all relevant civil liabilities, and fulfill all relevant civil obligations in market competition and social and economic activities.

After the formation of the corporate legal person system, there are two completely different and relatively independent processes of movement of the same property: the movement process of equity and the actual movement process of property rights. It is precisely because of the simultaneous existence of these two processes of movement that the enterprise, as an organization of human production, is truly freed from the control of its investors for the first time, and at the same time acquires independent and complete property ownership for the first time.

With this right, the survival of the enterprise and the continuous expansion of the scale of production are guaranteed.

Many people who may have been just a shopkeeper or just a small stall owner before, after decades of development, the success of the concept, etc., registered and established a rolling company, and the scale of development has increased. However, the legal awareness of corporate legal persons is very weak.

The ownership of the property of a corporate legal person refers to all the legal rights that a corporate legal person should enjoy and exercise on its own legal property granted by law, including the right to possess, use, dispose of, and the right to distribute property income. It is precisely because of these rights that the corporate legal person has sufficient ability to enjoy all relevant civil rights, bear all relevant civil liabilities, and fulfill all relevant civil obligations in market competition and social and economic activities.

What does it mean to merge and migrate corporate entities.

According to the provisions of the Company Law, the division of an enterprise legal person refers to the division of an enterprise legal person into two or more enterprise legal persons.

Merger refers to the merger of two or more corporate legal persons into one corporate legal person or into a new corporate legal person. Enterprises retained due to merger shall apply for change of registration, and enterprises terminated due to merger shall apply for cancellation of registration; A new business established as a result of a merger shall apply for registration of commencement. The rights and obligations of an enterprise legal person after the division or merger shall be enjoyed and borne by the legal person after the division or merger.

The relocation of a corporate legal person refers to the change of domicile of an enterprise legal person. If an enterprise relocates to the same registration jurisdiction, it can be registered as a general change of domicile. Where the domicile of an enterprise legal person is moved to another registration jurisdiction, it shall apply to the competent registration authority for the place where the original address is located to go through the formalities for relocation.

What is a state-owned enterprise (SOE) that is not a corporate legal person?

An unincorporated enterprise legal person refers to a legal person that has the legal requirements such as enterprise name, registered capital, organizational structure, and domicile, and is able to independently bear civil liability. An economic organization that has been registered with the approval of the competent registration authority and has obtained the status of a legal person. For example, wholly state-owned enterprises, Sino-foreign cooperative enterprises, etc.

Whether a wholly state-owned enterprise legal person can establish a new company.

A wholly-owned enterprise legal person can set up a new company. An enterprise is an independent legal person with independent property rights, and can set up a subsidiary or branch, acquire a company, or invest in other companies, so a wholly-owned enterprise legal person can of course call for a new company.

What is a corporate legal person?

An enterprise legal person refers to a social and economic organization that independently engages in commodity production and business activities for the purpose of making profits. Including enterprises owned by the whole people, collectively owned enterprises, joint ventures, corporate enterprises, etc.

A corporate legal person is a form of organization of an enterprise and a for-profit association. There are two basic types of corporate legal persons in China, namely limited liability company and share****.

The difference between a corporate legal person and an enterprise legal person: the scope of an enterprise legal person is larger than that of a corporate legal person, and a corporate legal person belongs to an enterprise legal person.

What does it mean to be a wholly foreign-invested enterprise?

Sole proprietorship of foreign-invested enterprises is a form of enterprise, which refers to an enterprise that is operated by an individual, owned and controlled by an individual, and is owned and controlled by an individual, and is owned and controlled by an individual. A sole proprietorship is 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 liability for the debts of the enterprise.