1, the scope of responsibility is different: shareholders are liable for the company's debts to the extent of their subscribed capital contribution or subscribed shares, and the company legal person is liable for the company's debts with all its property;
2. Different identities: shareholders can be natural persons or legal persons, investors of the company, and enjoy the right to return on assets, participate in major decision-making and elect managers; Legal person refers to an organization established according to law, which has the capacity of civil rights and civil conduct, and assumes external responsibilities on behalf of the company;
3. Different legal status: the legal person is the legal representative of the company, usually held by the chairman or executive director, and enjoys the right to operate the company; Shareholders, as investors, mainly enjoy the right of income and supervision, and do not directly participate in the daily business activities of the company;
4. The status of signing contracts with foreign countries is different: when a company signs contracts with other companies, only the signature of the legal person has legal effect, and the signature of the shareholders has no such right.
Rights and obligations of shareholders:
1. Ownership of shares: shareholders own the ownership of the company according to the proportion of shares held;
2. Profit distribution right: shareholders have the right to obtain the profits distributed by the company according to their shareholding ratio;
3. Management participation right: shareholders can attend the company's general meeting of shareholders and vote on major issues of the company;
4. Right to know: Shareholders have the right to know the operating and financial conditions of the company;
5. Right to vote and stand for election: shareholders can vote or be elected as members of the board of directors or the board of supervisors of the company;
6. Transfer right: shareholders can transfer their shares within the scope prescribed by law;
7. Pre-emptive right: when issuing new shares, shareholders have the right to pre-empt in order to maintain their shareholding ratio in the company;
8. Right to request the dissolution of the company: In some cases, shareholders may request the court to order the dissolution of the company.
9. Shareholders shall bear limited liability for the debts of the company, usually limited to their capital contribution, unless there is any illegal act.
To sum up, the difference between shareholders and legal persons lies in the scope of responsibility, identity, legal status and status in signing contracts with foreign countries.
Legal basis:
Company Law of the People's Republic of China
essay
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 4
Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.