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According to the different forms of liability of shareholders to the company, the types of companies can be divided into four categories:
1) An unlimited company, i.e., a company consisting of more than two shareholders whose shareholders have unlimited liability for the company's debts.
2) A limited liability company, that is, a company established in accordance with the conditions prescribed by law, composed of a certain number of shareholders (2 to 50 people), 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 assets.
3) A partnership company, i.e., a company consisting of one or more shareholders with unlimited liability and one or more shareholders of a limited liability company. Its main feature is that the shareholders of a limited liability company are only liable to the company to the extent of their capital contribution to the company, while the shareholders of an unlimited company bear unlimited liability to the company; The company is operated by unlimited liability shareholders.
4) A limited liability company, that is, a company composed of more than a certain number of shareholders, the company's entire capital is equal shares, 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. There are only two types of companies stipulated in China's "Company Law", one is a limited liability company (including a wholly state-owned company), and the other is a share.
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Brief description of the types of companies mainly include: limited liability company, joint stock company, unlimited company, cooperative company and joint stock cooperative company. To establish a company, it shall apply to the company registration authority for establishment registration in accordance with the law.
The shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contributions, and the shareholders of the shares of **** shall be liable to the company to the extent of the shares they subscribe.
Legal basisArticle 3 of the Company Law of the People's Republic of China.
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.
Article 6. To establish a company, it shall apply to the company registration authority for establishment registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered. The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
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Companies can be divided into unlimited companies, limited liability companies, partnership companies, joint stock companies and joint stock companies; According to the different forms of responsibility of shareholders to the company, the company can be divided into unlimited public and joint ventures, limited liability companies, cooperative companies, joint stock companies and joint stock cooperative companies; Depending on whether the company's shares are publicly issued and whether the shares are freely transferred, the company can be divided into closed-end companies (unlisted companies) and open-ended companies (listed companies); According to the ownership of the company's capital**, the company can be divided into state-owned companies, public-private joint ventures and private companies.
Legal basisArticle 10 of the Provisions on the Administration of Registration of Registered Capital of Companies.
If the company increases the registered capital, the shareholders of the limited liability company shall subscribe for the capital contribution of the new capital and the shareholders of the shares shall subscribe for the new shares in accordance with the relevant provisions of the Company Law on the establishment of a limited liability company and the payment of capital contributions and shares respectively. If the registered capital of the shares is increased by way of public issuance of new shares or the listed company by way of non-public issuance of new shares, the approval documents of the ***** supervision and administration authority shall also be submitted.
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The main types of companies are: joint venture, sole proprietorship, state-owned, private, national ownership, collective ownership, joint-stock system, limited liability and so on.
According to the different responsibilities of shareholders to the company, companies can be divided into five categories:
1. Unlimited company: that is, a company in which all shareholders are jointly and severally liable for the company's debts regardless of the amount of capital contribution;
2. Limited liability company: a company in which all shareholders are liable for the company's debts within the limit of their capital contributions;
3. Cooperative Partnership: a company composed of shareholders with unlimited liability and shareholders with limited liability;
4. Shares: All capital is divided into shares of equal amount, and all shareholders are liable for the company's debts to the extent of their shares;
5. Joint stock partnership: a company composed of unlimited liability shares and shareholders. This division method is the most basic method of dividing the company.
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1. Unlimited company: that is, a company in which all shareholders are jointly and severally liable for the company's debts regardless of the amount of capital contribution;
2. Limited liability company: a company in which all shareholders are liable for the company's debts within the limit of their capital contributions;
3. Cooperative Partnership: a company composed of shareholders with unlimited liability and shareholders with limited liability;
4. Shares: All capital is divided into shares of equal amount, and all shareholders are liable for the company's debts to the extent of their shares;
5. Joint stock partnership: a company composed of unlimited liability shares and shareholders.
1. What is a limited liability company?
A limited liability company refers to an enterprise legal person established by all shareholders jointly funded by the Company Law, and each company is liable to the company to the extent of its capital contribution, and the company is liable for the company's debts with all its assets.
1. Characteristics: 1) There is a certain limit on the number of shareholders of a limited liability company, which must be less than 50 people;
2) Shareholders shall bear limited property liability to the company to the extent of their respective capital contributions;
3) The limited liability company does not raise capital publicly;
4) The scale of the company can be large or small, and it is adaptable;
5) The establishment procedure of the company is simple and the organizational structure is flexible.
2. Establishment conditions:
1) The number of shareholders meets the quorum;
2) The shareholder's capital contribution reaches the minimum authorized capital of 30,000 yuan;
3) The shareholders jointly formulate the articles of association;
4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;
5) Have a company domicile.
Funding method: monetary contribution; contributions in kind; Intellectual Property Contributions; Contribution of land use rights.
Second, what is the share ****.
Shares **** refers to the legal person established in accordance with the law, all of its capital is divided into equal shares, the company's capital is raised through the issuance of **, 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.
1. Characteristics: 1) The number of promoters of the company is limited, 2 200 people.
2) The company's capital is divided into equal units, which are called shares.
3) Shares are issued in the form of **.
4) The shareholding **** is generally large in scale, which is a typical joint venture company, and the establishment procedure is also more complicated.
2. Conditions for establishment:
1) The promoter meets the quorum;
2) The share capital subscribed and raised by the promoter reaches the minimum authorized capital;
3) The issuance and preparation of shares comply with the provisions of the law;
4) The promoter formulates the articles of association of the company, and if it is established by fundraising, it shall be approved by the founding meeting;
5) Have a company name and establish an organizational structure that meets the requirements of the shares
6) Have a company domicile.
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Legal analysis: The types of enterprise registration are divided into three categories: domestic-funded enterprises, Hong Kong, Macao and Taiwan-invested enterprises and foreign-invested enterprises based on the types of enterprises registered by the administrative department for industry and commerce.
Legal basis
Regulations on the Administration of Industrial and Commercial Registration
Article 3 The company shall be registered with the company registration authority according to law and obtain the "Business License of Enterprise Legal Person" before obtaining the qualification of enterprise legal person. If a company is established from the date of implementation of these Regulations, and it is not allowed to engage in the operation of shed cherry blossom digging activities in the name of the company without registration with the company registration authority.
Article 4 The administrative authority for industry and commerce is the company registration authority. The lower-level company registration authority shall carry out the company registration work under the leadership of the higher-level company registration authority. The company registration authority shall perform its duties in accordance with the law and shall not be subject to illegal interference.
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