An enterprise is a profit-making economic organization that engages in economic activities such as production, circulation and service, meets social needs with production or service, and implements independent operation, independent accounting and legal establishment.
The meaning of enterprise is broader than that of company.
A company is a form of enterprise.
According to different forms of ownership,
On tiptoe
Industries can be divided into three forms: sole proprietorship, partnership and company.
Let's see another person.
Wholly owned enterprises,
Partnerships and companies
Concepts like this,
This is all in the legal sense.
Discrimination on the Internet.
Sole proprietorship enterprise:
Finger basis
People's Republic of China (PRC) sole proprietorship enterprise law
Established in China.
Standing,
Invested by natural persons,
The property is owned by the individual investor,
Investors use their personal property to buy corporate bonds.
An operating entity with unlimited liability. The self-employed we usually call belong to this kind of enterprise.
Partnership:
Refers to natural persons,
Legal persons and other organizations in accordance with the
People's Republic of China (PRC) partnership enterprise law
General partnerships and limited partnerships established in China.
The general partnership consists of general partners.
OK,
Partners shall bear unlimited joint and several liability for the debts of the partnership.
A limited partnership consists of a general partner and a partner.
Partners only,
The general partner shall bear unlimited joint liability for the debts of the partnership.
Limited partners use their
Be responsible for the debts of the partnership with the subscribed capital contribution.
Some patent agencies are partnerships.
Formed by types.
Company:
The company is an enterprise legal person,
Have independent legal person property,
Enjoy legal person property rights.
The company is based on its entire
The property department is responsible for the company's debts.
Shareholders of a limited liability company shall be limited to the amount of capital contribution they have subscribed.
Organizational responsibility;
Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Conventional sum
In other words, larger enterprises exist in the form of companies.
Here's an explanation.
enterprise legal person
The concept of,
according to
General Principles of Civil Law of People's Republic of China (PRC)
rule
Settings,
A legal person has capacity for civil rights and capacity for civil conduct,
Independent enjoyment of civil rights and commitment to the people according to law.
Voluntary organization.
An enterprise with legal person status is called an enterprise legal person.
Basis for determining the qualification of enterprise as a legal person
Registered and approved by the administrative department for industry and commerce.
Not all enterprises are legal persons,
The above-mentioned sole proprietorship enterprise
Industries and partnerships are not legal persons,
Because they have no independent property,
Can't bear legal rights independently.
Interests and obligations.
It should be emphasized that,
Enterprise legal person and enterprise legal representative are different.
Enterprise legal person emphasizes
Is a legal person,
Is a social organization,
The legal representative is a natural person.
For example,
Some people say the company's
The legal person is Zhang San, no. Is the legal representative, not an enterprise legal person.
1
, companies and wholly-owned enterprises
A sole proprietorship enterprise is established by one person.
Owned and controlled by one person,
And one person bears unlimited responsibility.
Enterprise.
The property relationship between a wholly-owned enterprise and a company is different.
The property of a sole proprietorship enterprise belongs to the investor,
On tiptoe
Industry itself does not enjoy ownership,
And the company has its own independent property,
It is formed by the contribution of shareholders.
Between shareholders
After the capital contribution,
Shareholders no longer enjoy the ownership of capital contribution,
The company enjoys the ownership of capital contribution.
The sole proprietorship enterprise shall bear unlimited liability by the investor.
In other words, the business owner should use all his personal property.
Not only is its investment and the property of the enterprise responsible for the debt,
And the company is independent of debt with its own assets.
The company bears the responsibility, and its shareholders only bear limited liability within the scope of capital contribution.
2
, companies and partnerships
Partnership means that according to the partnership agreement, two or more people,
Their respective contributions,
* * * A profit-making organization formed by the same operation.
close
Partners include individual partnerships and partnerships.
The property of a partnership belongs to all partners.
And the company's property
But it is not owned by shareholders.
On the contrary, the company enjoys property ownership as an independent subject.
exist
In terms of responsibility,
Partners shall be jointly and severally liable for the debts of the partnership,
That is, when the property of the enterprise is insufficient to pay off.
When a partnership is in debt,
Partners are liable for debts with all their property.
And the shareholders of the company
Liability for corporate debts is limited.
The difference between an enterprise and a company is mainly reflected in seven aspects:
1
The foundation of establishment is different. The company is established on the basis of articles of association, and the enterprise is established on the basis of partnership agreement.
Of course, the provisions of the foundation partnership agreement cannot oppose a bona fide third party.
2
The relationship between the two sides is different. Companies, especially joint stock limited companies, are typical among shareholders.
Although the limited liability company is somewhat human, due to the existence of the limited liability system,
The color of He Zi is heavier.
Partners in enterprises are established by human feelings.
Specifically, it depends on people and
On the basis of trust between people,
Therefore, the relationship between partners is relatively strong.
Credit also requires
Higher.
three
, the subject status is different. The company is a legal person enterprise and can independently undertake the people with its own property.
Responsibility;
An enterprise does not have legal person status,
Therefore, it cannot independently bear civil liability for the property of foreign enterprises.
When the property of the enterprise is insufficient to repay the debt, it must be repaid with the personal property of the partner.
four
There are different ways to take responsibility. All shareholders of the company shall bear limited liability, and the partners shall bear it.
Take unlimited joint and several liability.
five
、
Different sizes.
Enterprises are generally small in scale,
Because it is based on people's credit,
Not too big.
Companies, especially joint-stock companies,
It will be huge,
There are also many shareholders.
of course，
There will also be some larger partnerships.
But the general partnership is smaller than the company.
six
Different ways of capital contribution. Partners in an enterprise can use labor services to contribute capital, but shareholders in the company can't.
seven
The requirements for registered capital are different. There is no minimum registered capital limit for the establishment of an enterprise, but it is established.
However, the company has minimum capital requirements, and the statutory minimum registered capital of a limited liability company is
10
Ten thousand yuan
—
50
Ten thousand yuan, the minimum statutory registered capital of a joint stock limited company is
1000
Ten thousand yuan.
Some people say that the statutory minimum registered capital of a limited liability company is
three
Ten thousand yuan
,
One-man limited liability company
Statutory minimum registered capital
10
Ten thousand yuan,
The minimum statutory registered capital of a joint stock limited company is
500
Ten thousand yuan.
eight
The taxes of enterprises are different. Levy enterprise income tax on the company. Sole proprietorship enterprises are not right to legislate.
Theme,
Therefore, it is not taxed,
Instead, individual income tax is levied on corporate investors.
By the way,
Form a partnership
An enterprise is similar to a sole proprietorship enterprise,
Personal income tax is levied only on enterprise partners,
Not levied on the enterprise itself
Enterprise income tax.
Entrepreneurs can, according to their actual situation,
Including investment quota,
The combination of taxation and risk responsibility.
Appropriate enterprise form.
For example, less initial capital,
Can be registered as an individual enterprise,
When the funds are abundant, you can
Re-register as a company.
If you want to pay less taxes,
It is best to adopt the form of individual enterprises.
If you don't want to bear the business failure
It is better to register as a company for the risks brought by bankruptcy.
It should be that a company is an organizational form of an enterprise.
It is a profit-making enterprise legal person.
And the company package.
Including corporate enterprises (organized as limited liability companies) and unincorporated enterprises (partnerships)
, from this angle.
On the whole, his statement is correct.
Of course, enterprises are large in scale, such as our ownership by the whole people.
Enterprise,
But enterprises are generally individual investments,
Partnership enterprise,
The scale naturally has no registered capital, and the minimum is also.
1000
Wan's company limited is very big.
According to the Company Law of China,
A company in China refers to a limited company established in China according to this Law.
Responsible companies and joint stock limited companies ".
1.
Limited liability company,
Limited company for short,
Shareholders are liable to the company to the extent of their capital contribution.
public
The company is liable for its debts with all its assets.
2.
Company limited by shares,
Referred to as joint-stock company,
All its capital is divided into equal shares,
Shareholders use their shares.
Be responsible for the company to the extent of shares, and the company shall be responsible for the debts of the company with all its assets.
Whether it is a limited company or a joint-stock company,
Their biggest feature is that shareholders' responsibility to the company is
Limited, and limited to its capital contribution. That is to say, when the company's assets are insufficient to repay its debts,
Shareholders do not need to bear joint and several liability for repayment, that is, they do not need to pay debts for the company.
Compared with limited company,
Unlimited liability company means that shareholders bear unlimited joint and several liability for the company and its debts.
Responsibility. In other words, if the company can't repay its debts, the shareholders should bear the responsibility for repayment. In our country, it is.
Where the establishment of an unlimited liability company is not allowed,
But it allows the establishment of enterprises with unlimited liability.
Such as a wholly-owned enterprise
Industry,
Partnership enterprise.
These enterprises are not independent legal persons,
So you can't be a company,
And business owners.
Take unlimited corporate responsibility.
In addition, there is another company, called a joint venture company, in which some shareholders bear limited liability to the company.
The other part of shareholders bear unlimited liability to the company.
Therefore.
These two companies have both limited companies and none.
Limited to the characteristics of the company, in our country, joint ventures are not allowed.