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When you say sole proprietorship, you should mean a sole proprietorship.
A sole proprietorship enterprise refers to 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.
Characteristics of a Sole Proprietorship.
1) The investor of a sole proprietorship is a natural person. The natural person shall have full capacity for civil conduct and must not be a person prohibited by laws or administrative regulations from engaging in for-profit activities.
2) The property of the sole proprietorship is owned by the investor. The enterprise property here includes not only the initial property invested by the investor when the enterprise is established, but also the property accumulated during the existence of the enterprise. The investor is the sole legal owner of the sole proprietorship's property.
3) The investor bears unlimited liability for the debts of the enterprise with his personal property. This is an important feature of a sole proprietorship. In other words, when the capital contribution declared and registered by the investor is insufficient to pay off the debts incurred by the sole proprietorship enterprise, the investor must use his personal property or even family property to pay off the debts.
4) Sole proprietorship does not have legal personality. Although a sole proprietorship can be named, and can be used externally, it is only a special form of business activities carried out by natural persons, which belongs to the category of natural person enterprises.
The difference between a sole proprietorship and a sole proprietorship.
1) The funder is different. The investor of a sole proprietorship can only be a natural person; Individually-owned businesses can be established by a single natural person or jointly funded by families.
2) The scope of property for which liability is held is different. Under normal circumstances, the investors of a sole proprietorship enterprise shall bear unlimited liability for the debts of the enterprise only with their personal property, and only if the joint family property is clearly used as an individual contribution at the time of establishment and registration of the enterprise, shall they bear unlimited liability for the debts of the enterprise with the common family property in accordance with the law; According to Article 29 of the General Principles of the Civil Law, the debts of individual industrial and commercial households shall be borne by personal property if they are operated by individuals, and shall be borne by family property if they are operated by families.
3) The applicable laws are different. Sole proprietorship enterprises shall be established in accordance with the Law on Sole Proprietorship Enterprises, and individual industrial and commercial households shall be established in accordance with the provisions of the General Principles of the Civil Law and the Interim Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households.
4) Different legal status. A sole proprietorship is a business entity and a form of enterprise organization; Individually-owned businesses do not adopt the form of enterprises. The key to distinguishing between the two is whether the sole proprietorship has been registered and the sole proprietorship business license has been obtained.
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The funder is a single natural person, legal person or economic organization.
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Sole proprietorship is defined as follows:
1. A sole proprietorship refers to an enterprise invested and operated by one person. Sole proprietorship investors are liable for the debts of the enterprise. The person in charge of the enterprise is the investor himself.
The name of the person in charge of the enterprise must be consistent with the ID card, and no alias shall be used. According to the relevant provisions of China's current tax law, the production and operation income and other income obtained by private sole proprietorship enterprises shall be subject to private enterprise income tax in accordance with the regulations;
2. The characteristics of a sole proprietorship are as follows:
1) The establishment and dissolution procedures of the enterprise are simple;
2) Flexible and free operation and management. Business owners can determine business strategies and make management decisions based solely on their personal will;
3) The owner has unlimited liability for the debts of the business. When the assets of the business are insufficient to pay off its debts, the owners pay the debts of the business with their personal property. It is conducive to protecting the interests of creditors, but sole proprietorship is not suitable for high-risk industries;
4) The scale of the enterprise is limited. The limited operating income of a sole proprietorship, the limited personal property of the business owner, and the limited work energy and management level of the business owner all restrict the expansion of the business scale of the enterprise.
5) Lack of reliability in the presence of the enterprise. The survival of a sole proprietorship depends entirely on the personal gains and losses of the business owner, and the life span of the enterprise is limited. In the modern economy and society, sole proprietorship plays an important role.
Legal basisArticle 64 of the Company Law of the People's Republic of China.
The provisions of this section shall apply to the establishment and organization of wholly state-owned companies; Where there are no provisions of Huiyuan in this section, the provisions of Sections 1 and 2 of this chapter shall apply.
The term "wholly state-owned company" in this law refers to a limited liability company funded by the state solely and authorized by the local people to perform the duties of the investor by the state-owned assets supervision and administration institution at the same level.
Article 65.
The articles of association of a wholly state-owned company shall be formulated by the State-owned assets supervision and administration institution, or formulated by the board of directors and submitted to the State-owned assets supervision and administration for approval.
Article 66.
Wholly state-owned companies do not have a shareholders' meeting, and the state-owned assets supervision and administration institution shall exercise the functions and powers of the shareholders' meeting. State-owned assets supervision and administration institutions may authorize the board of directors of the company to exercise part of the functions and powers of the shareholders' meeting, to decide on the company's major matters, but the company's merger, division, dissolution, increase or decrease in registered capital and issuance of corporate bonds, must be decided by the State-owned assets supervision and administration institutions; Among them, the merger, division, dissolution and bankruptcy of important wholly state-owned companies shall be reviewed by the State-owned assets supervision and administration institutions and submitted to the people at the same level for approval.
The important wholly state-owned companies referred to in the preceding paragraph shall be determined in accordance with the provisions of ***.
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Explanation of sole proprietorship.
It refers to a person or a party who has taken out funds (run a business) alone: sole proprietorship and sole proprietorship.
The word decomposition of the solitary interpretation of solitary (solitary) úsingular , there is only one: solo. Independent.
Dominating. *Original. Unique.
Finding a new way (a metaphor for an innovative style or a new approach). Unique discerning (describe the keen vision of the fighting family, superb insights). Old and childless:
Widowhood and loneliness. Could it be: "You don't see the husband (tending) in the market?"
Explanation of 資 購 (資) ī property, money : resource. Material.
Asset. The money is smiling. Tariff.
Information. Wages. Sichuan capital (travel fee).
Capital and property of running an industrial or commercial business: capital. Foreign capital.
Owned. Joint venture. Management.
Supply, Help: Grant. Delivery.
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A sole proprietorship is an enterprise that is owned and controlled by an individual, bears the operating risks and enjoys all the operating benefits.
Sole proprietorship by natural persons, also known as sole proprietorship, is a form of organization of an enterprise. A sole proprietorship, referred to as a sole proprietorship, refers to a for-profit economic organization invested by a natural person and all assets owned by the investor. Sole proprietorship is a very old form of business, which is still widely used in business operations, and its typical characteristics are personal contribution, personal management, and Sun Baoqin's personal responsibility for profits and losses and risks.
A sole proprietorship is 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 by an individual and enjoys all the operating benefits. An unincorporated natural person enterprise cannot independently bear civil liability. The operator must be jointly and severally liable for unlimited liability.
Strictly speaking, a company refers to a for-profit association established by shareholders in accordance with the law. Companies are generally able to bear civil liability independently and are commonly referred to as legal persons. Since it is a shareholder of a sole proprietorship, when it comes to the concept of shareholder, it refers to a one-person company in a limited liability company.
A one-person company refers to a company with limited liability in the form of only one company, that is, the investor of the company is a single person and is wholly owned by the investor, but the investor only has limited liability for the company's debts.
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Explanation of sole proprietorship.
It refers to the fact that one person or one party alone takes out funds (running a business): sole proprietorship and sole proprietorship.
The word decomposition of the solitary interpretation of solitary (solitary) úsingular , there is only one: solo. Independent.
Dominating. *Original. Unique.
Finding a new way (a metaphor for an innovative style or a new approach). Unique discerning (describing a keen eye, superb insight). Old and childless:
Widowhood and loneliness. Could it be: "You don't see the husband (tending) in the market?"
Explanation of 資 購 (資) ī property, money : resource. Material.
Asset. Fund. Tariff.
Information. Wages. Sichuan capital (travel fee).
Capital and property of running an industrial or commercial business: capital. Foreign capital.
Owned. Joint venture. Management.
Supply, Help: Grant. The file trembled and defended the gift.
Cave grinding qualification.
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Sole proprietorship means an enterprise invested by one person alone, and the main feature of this enterprise is that one person invests in capital, one person operates, and the self-responsibility and risks that exist at the same time will be borne by one person, and the sole proprietorship enterprise must be Chinese.
1. What does it mean to be a sole proprietorship?
A sole proprietorship, referred to as a sole proprietorship, refers to a for-profit economic organization invested by a natural person and whose entire assets are owned by the investor. Its typical characteristics are personal contribution, personal management, personal responsibility for profits and losses, and self-risk. An economic entity in which the investor bears unlimited liability for the debts of the enterprise with his or her personal property.
The investor of a sole proprietorship must be Chinese, so a wholly foreign-owned enterprise is not a sole proprietorship.
If the assets of the sole proprietorship enterprise are insufficient to pay off all the debts, the investor shall use his other personal assets to pay off. After the dissolution of the sole proprietorship, the original investor shall still be liable for the repayment of the debts incurred during the existence of the sole proprietorship, but if the creditor fails to submit a request for repayment of the debts to the debtor within five years after the dissolution of the sole proprietorship, the liability shall be extinguished.
The most important point is that a sole proprietorship is different from a one-person **** and is not a legal person.
2. What are the affairs management of a sole proprietorship?
Sole Proprietorship Affair Management:
Investors can manage the affairs of the enterprise by themselves, or they can entrust or hire others to be responsible for the management of the affairs of the enterprise.
1. Internal restrictions (restrictions on the authority of the trustee by investors).
1) The investor of a sole proprietorship shall not oppose a bona fide third party in restricting the authority of the trustee or the person to be employed.
2) If the personnel entrusted or hired by the investor violate the contract signed by both parties when managing the affairs of the sole proprietorship enterprise, causing losses to the investor, it shall be liable for civil compensation.
2. Statutory restrictions (legal restrictions on the powers of the trustee) include but are not limited to:
1) It is not allowed to provide security with enterprise property without authorization;
2) Without the consent of the investor, it shall not engage in business that competes with the enterprise;
3) Without the consent of the investor, it is not allowed to enter into a contract or conduct transactions with the enterprise;
4) Without the consent of the investor, the trademark or other intellectual property rights of the enterprise shall not be transferred to others for use.
To sum up the above, a sole proprietorship is a sole proprietorship enterprise that is different from other enterprises, for this enterprise is not a legal person qualification, and the risks and profits and operations will be borne by the individual.
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What are the characteristics of a sole proprietorship? Can anyone register such a company? (1) The establishment and dissolution procedures of a sole proprietorship company are simple.
2) In fact, the management of Hu Shu in a sole proprietorship company is still relatively flexible. Business owners can determine business strategies and make management decisions based solely on their personal will; (3) Secondly, the unlimited liability of the investor for the debts of the enterprise is also a major feature of a sole proprietorship.
When the assets of the enterprise are insufficient to pay off its debts, the investor has to use his personal property to bear unlimited liability for the company's debts. It is conducive to protecting the interests of creditors, but sole proprietorship is not suitable for high-risk industries; (4) The scale of the sole proprietorship enterprise is limited.
The limited operating income of a sole proprietorship, the limited personal property of the business owner, and the limited work energy and management level of the business owner all restrict the expansion of the business scale of the enterprise. (5) The existence of a sole proprietorship enterprise lacks reliability. The survival of a sole proprietorship depends entirely on the personal success or safety of the business owner, and the life span of the business is limited.
Moreover, in contemporary society, sole proprietorship also plays a role that cannot be ignored. It can be seen that as a special type of enterprise, the sole proprietorship enterprise does not have the status of a legal person, and there is no capital verification requirement for sole proprietorship enterprises in China. That is to say, there is no requirement for the registered capital of a sole proprietorship, and theoretically it is greater than one yuan.
When a sole proprietorship business is in difficulty and falls into bankruptcy, the creditor can ask the court to freeze the personal assets of the business owner to pay off the debts.
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