Why can t state owned enterprises and private enterprises do it in partnership?

First, it is a legal requirement. The law stipulates that the State Owned Enterprises.

State-owned enterprises such as state-owned enterprises cannot be general partners of a partnership, but they can become limited partners of a limited partnership.

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

Article 3 Wholly state-owned companies.

State-owned enterprises, listed companies, public welfare institutions, and social organizations.

Must not be a general partner.

Clause. 2. The reason for formulating such legal provisions is to avoid the legal risk of the loss of state-owned assets.

Because the general partnership of the partnership bears unlimited joint and several liability for the debts of the partnership. Partnerships, with their strong "human cooperation" attributes and lack of corresponding supervision, are prone to moral hazard that infringes on the rights and interests of partnerships. If state-owned enterprises are allowed to bear joint and several liability in such enterprises, it will easily lead to the loss of state-owned assets.

Therefore it is forbidden by law.

However, the law does not prohibit wholly state-owned enterprises and state-owned enterprises from becoming limited partners in a limited partnership. Because the limited partners are liable for the debts of the partnership with the amount of capital contribution, which is very similar to the shareholders of the company, it will not lead to the unlimited loss of state-owned assets.

To sum up, a wholly state-owned enterprise cannot be a general partner of a partnership.

The reasons are as follows: state-owned enterprises refer to non-corporate economic organizations that are owned by the state and registered in accordance with the Regulations of the People's Republic of China on the Registration and Administration of Enterprise Legal Persons. The company is an independent legal person, so it cannot use the company's credit, qualifications, performance, etc., which are two different enterprises.

Extension: Private enterprises refer to for-profit economic organizations invested and established by natural persons or controlled by natural persons and based on wage labor in accordance with Article 9 of the Provisions on Dividing the Types of Enterprise Registration (August 28, 1998, Guotong Zi No. 200) issued by the National Bureau of Statistics and the State Administration for Industry and Commerce. Including private limited liability companies, private shares, private partnerships and private sole proprietorship enterprises registered in accordance with the provisions of the Company Law, the Partnership Enterprise Law and the Interim Regulations on Private Enterprises.

State-owned enterprises refer to the ownership or control of their capital by the state, and the will and interests of the state determine the behavior of state-owned enterprises. State-owned enterprises are the backbone of national economic development and the pillars of socialism with Chinese characteristics. As a form of production and operation organization, state-owned enterprises have the characteristics of both commercial and public welfare, and their commercial nature is reflected in the pursuit of maintaining and increasing the value of state-owned assets, and its public welfare is reflected in the fact that the establishment of state-owned enterprises is usually to achieve the goal of the state regulating the economy and plays a role in coordinating the development of all aspects of the national economy.

The financial management activities of enterprises are restricted by the financial environment, and the purpose of studying the impact of changes in various factors in the financial environment on the financial management of enterprises is to analyze the development law of financial management and seek ways to improve the level of financial management. The factors influencing the financial management of China's private enterprises include macro and micro aspects, and various factors are criss-crossed, mutually conditional, and mutually restrictive.

Legal Analysis: Can be cooperated. However, state-owned enterprises such as wholly state-owned enterprises and state-owned enterprises cannot become ordinary partners of partnership enterprises, but can become limited partners of limited partnerships.

Legal basis: Article 3 of the Partnership Enterprise Law of the People's Republic of China Article 3 Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become general partners.

Legal Analysis: Joint ventures generally form associates that are called externally.

Legal basis: Company Law of the People's Republic of China

Article 71 The shareholders of a limited liability company may transfer all or part of their equity to each other.

The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing to seek consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer of Lu Zhen, the shareholders who do not agree shall purchase the transferred equity; If you don't buy it, you will be deemed to have agreed to the transfer.

For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer.

Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.

Article 72 When a people's court transfers a shareholder's equity in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that the other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.

Legal analysis: If no prior approval is required, it can be incorporated in accordance with the law. If the state is wholly owned, holding, shareholding, etc., there are state-funded enterprises, and major matters of important subsidiaries established by reinvestment, which need to be submitted to the State-owned Assets Supervision and Administration Agency for approval by the invested enterprises, the cavity shall be reported for approval.

Legal basis: "Interim Regulations on the Supervision and Administration of State-owned Assets of Enterprises" Article 24 of the major matters of the investment in the establishment of important subsidiaries of the invested enterprises, which shall be submitted by the invested enterprises to the State-owned assets supervision and administration of Tongyuan for approval, the management measures shall be formulated separately by the State-owned assets supervision and administration institutions, and shall be submitted to the Bureau of Approval.

Yes, you can cooperate. However, state-owned enterprises such as wholly state-owned enterprises and state-owned enterprises cannot become general partners of a partnership, but can become a limited partner of a limited partnership.

Legal basis: Partnership Enterprise Law of the People's Republic of China Article 3 Wholly state-owned companies, state-owned enterprises, listed companies that have been reformed, as well as public institutions and social organizations that are profitable in public affairs shall not become general partners.

Legal Analysis: Can be cooperated. However, state-owned enterprises such as wholly state-owned enterprises and state-owned enterprises cannot become general partners of a partnership, but can become limited partners of a limited partnership.

Legal basis: Laju Partnership Enterprise Law of the People's Republic of China Article 3 Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become ordinary brothers.

The establishment of a joint venture between a state-owned enterprise and a private enterprise should be noted that if it requires approval, it should be reported for approval. The investment of state-funded enterprises shall be in accordance with the national industrial policy, and feasibility studies shall be conducted in accordance with national regulations; Transactions with others shall be fair and compensatory, and reasonable consideration shall be obtained.

Article 36 of the Law of the People's Republic of China on State-owned Assets of Enterprises.

The investment of state-funded enterprises shall be in accordance with the national industrial policy, and feasibility studies shall be conducted in accordance with national regulations; Transactions with others shall be fair and compensatory, and reasonable consideration shall be obtained.

Article 35.

Where the relevant laws and administrative regulations stipulate that the issuance of bonds, investments and other matters by state-funded enterprises shall be reported to the people or the relevant departments and institutions of the people for approval, approval or filing, they shall be in accordance with their provisions.

Article 3 of the Partnership Enterprise Law clearly stipulates that "wholly state-owned companies, state-owned enterprises, listed companies, public welfare auction and service institutions, and social organizations shall not become general partners." According to this provision, these units cannot become partners of a general partnership, but the law does not restrict them from becoming partners of a limited partnership, which means that a wholly state-owned company, a state-owned enterprise, a listed company, a public welfare institution and a social organization can become a partner of a limited partnership.