What is the difference between a corporate shareholder and a shareholder?

To put it simply, a legal person is the person in charge of a business. Shareholders are simply the capital contributors to the company. In general company management, legal persons enjoy the power of operation and management, while shareholders are only investors and cannot operate and manage the company's business.

When signing a contract with another company, it is only valid if it is signed by the corporate legal person. Shareholders do not have the right to operate. If there is a problem in the future, if the company goes bankrupt, the assets of the company will be distributed with the share invested by the shareholders.

In this case, the legal person is only the operator and cannot distribute the property of the enterprise. My do you understand? ：）

A legal person is generally an independent organization, and the legal representative of the company is the representative of the legal person. Let the legal representative exercise the rights and perform the obligations of the legal person. Legal persons enjoy the power of operation and management; When a company signs a contract with another company, it is only valid if it is signed by a legal person; The legal person is the main body responsible for the company's assets.

Shareholders are the capital investors of the legal person, and the shareholders' meeting composed of shareholders is the highest authority of the legal person. The legal person has the right to operate and manage, while the shareholders only enjoy the right to dividends and other rights, and do not manage the internal affairs of the legal person.

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

Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. 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 share sale **** shall be liable to the company to the extent of the shares they subscribe.

Article 4 The shareholders of the company shall enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.

First, the front. 1. The legal person is the person in charge of the enterprise, and the shareholder is only the capital investor of the company;

2. The legal person has the right to operate and manage, while the shareholder is only an investor and enjoys the right to income;

3. The legal person needs to bear criminal liability as the person directly responsible for the economy, and the shareholder is liable to the company to the extent of the amount of capital contributed.

2. Analysis. In general, the legal person of a company is the chairman of the board, that is, the person who holds the most shares. When signing a contract with another company, only the corporate legal person's answer is valid.

Shareholders enjoy the right to income distribution, the right to make major business decisions, and the right to choose business managers, and the legal representative is the person in charge of exercising authority on behalf of the company, and his behavior constitutes the company's act of acting on behalf of the company, and engages in activities within the scope of authority stipulated by laws, regulations and company procedures, and can be served by the chairman of the board of directors and managers.

3. The method of the company's shareholders' share allocation.

When there are two shareholders, it is 70% to 30% or 80% to 20%, and when there are three shareholders, it is 70% to 20% to 10% or 60% to 30% to 10%, and when there are more than four shareholders, it is recommended that the founder should keep at least one line of equity lifeline, 67% of the absolute holding line, 51% of the relative holding line, and 34% of the veto power, calculated according to the amount of capital contribution. In the case of a general limited liability company, the shares are determined according to the proportion of the investment amount and the registered capital, and the profits are also distributed in proportion to the share ownership. The articles of association and the resolution of the shareholders' meeting provided at the time of registration of the company stipulate the distribution of equity and profits, unless there are special requirements, and the principle of normal distribution can be destroyed according to the traces.

What is the relationship between the legal representative and the shareholder? Welcome to follow, like, the next wonderful content recommendation, please send a private message for business handling, according to the relevant laws and regulations to register a company, there must be shareholders and legal representatives, of which shareholders must be more than 2, no more than 50 people, the legal representative needs one, can be a shareholder, can also be external, so what is the relationship between the legal representative and the shareholder? According to the provisions of the Company Law, a shareholder of a company refers to a natural person or legal person who has limited or unlimited liability for the debts of a joint-stock company and enjoys dividends and bonuses by holding **.

The legal representative of the company refers to the main person in charge of exercising civil rights and performing civil obligations on behalf of the legal person in accordance with the law 1. The responsibilities of the company's legal representative 1. From the perspective of identity requirements. For the shareholders of the company, the law does not impose many restrictions, the shareholders of the company can be either legal persons (i.e., other companies) to contribute, or natural persons to contribute, or natural persons plus legal persons, and even minors without or limited civil capacity can also enjoy shareholder qualifications 2. For the legal representative, it is required that he has full civil capacity, and the generation of the legal representative is also affected by factors such as the general meeting of shareholders and the articles of association 3. Shareholders of the company enjoy the right to return on assets, participate in major decision-making and select managers in accordance with the law, and have the right to consult and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of board of supervisors and financial accounting reports. As for the legal representative, it is to exercise its authority within the scope of authority stipulated in national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the enterprise legal person, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant organs 4. From the perspective of responsibility.

The shareholders of the company have: the obligation to make capital contributions; the obligation to attend the shareholders' meeting; the obligation not to interfere with the normal operation of the company; the obligation to prohibit the exercise of voting rights under certain circumstances; The obligation not to abuse the rights of shareholders. The obligations of the legal representative are mainly the provisions of the articles of association, and the acts made by them are regarded as the acts of legal persons Second, the rights of shareholders to access, the articles of association and other information; enjoy the income from assets in accordance with the law; The rights to participate in major decision-making and the selection of managers The obligations of shareholders mainly include: payment of subscribed capital contributions; After the establishment and registration of the company, the capital contribution shall not be withdrawn; Other obligations stipulated in the articles of association of the company, that is, the articles of association shall be complied with and the obligations stipulated in the articles of association shall be fulfilled.

Therefore, it can be seen that the legal representative and shareholders of the company have a relatively large connection, but at the same time, they are two different positions, and their behaviors are bound by the company's articles of association.

The difference between a legal person and a shareholder: a legal person is a civil subject, which is not only a combination of people, but also a property organized according to a special purpose; Shareholders enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law, and the status of shareholders is equal, and in principle, the same rights and interests of the same shares, but the articles of association of the company may make other provisions.

[Legal basis].

Article 57 of the Civil Code of the People's Republic of China.

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

Article 60. A legal person shall independently bear civil liability with all its property.

Article 3 of the Company Law.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. 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.

In the case of a limited liability company, the company's debts are generally borne by the company independently, and the shareholders bear the responsibility within the scope of their capital contributions. The differences between shareholders and legal persons are as follows:

The legal representative bears the responsibility in the operation, and the shareholder bears the responsibility of capital contribution.

Legal persons have the power to operate and manage, while shareholders are only investors and enjoy the power of income.

The general shareholder only bears the responsibility of the capital sail, while the legal person bears all the liabilities, including legal liability.

When signing a contract with another company, it is only valid if it is signed by a legal entity.

It is the legal representative of the company who bears the responsibility in the operation, and the shareholders of the company bear the responsibility of capital contribution.

Limited liability means that once the company is operating unfavorably, the shareholders only bear the liability within the limit of their own capital contribution, and the excess part of the debt does not need to be liable, which is usually bankruptcy. The registered capital of 10,000 only bears the responsibility of 10,000. The remainder is borne by the legal person.

Article 57 of the Civil Code of the People's Republic of China provides that a legal person is an organization that has the capacity for civil rights and the ability to act in civil repentance, and independently enjoys civil rights and bears civil obligations in accordance with law.

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