First of all, the essence of the two is different:
1. The essence of a limited liability company: China's limited liability company refers to an economic organization registered in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration, which is established by shareholders with less than 50 employees, each shareholder is limited to the subscribed capital contribution, and the company legal person takes full responsibility for the company's debts with all its assets.
2. The essence of a joint stock limited company refers to a company with shares as its capital, and shareholders are liable to the company to the extent of the shares subscribed by them.
Second, the main characteristics of the two are different:
1. Main features of a limited liability company: A limited liability company (hereinafter referred to as a limited company) is the most important organizational form for Chinese enterprises to implement the company system, which refers to registration according to the Regulations of the People's Republic of China on the Administration of Company Registration. Its advantage is that the establishment procedure is relatively simple, and there is no need to issue an announcement or account number.
In particular, the company's balance sheet is generally not open, and the company's internal institutions are flexible. Its disadvantage is that it is impossible to issue shares publicly, and the scope and scale of funds raised are generally small, which is difficult to meet the needs of large-scale production and operation activities. Therefore, this form of limited liability company is generally suitable for small and medium-sized non-joint-stock companies.
2. The main characteristics of a joint stock limited company: the total capital of a joint stock limited company is divided into shares with equal amount; The company may issue shares to the public to raise funds, and the shares may be transferred according to law; The law only has the minimum number of shareholders in a company, but there is no maximum number.
Shareholders shall bear limited liability to the company with their subscribed shares, and the company shall bear liability for the company's debts with all its assets; One vote per share, shareholders enjoy rights and assume obligations with the subscribed shares; The company shall disclose the accounting reports audited by certified public accountants.
Third, the conditions for the establishment of the two are different:
1. Conditions for establishing a limited liability company:
(1) Shareholders meet the quorum;
(2) The capital contribution of shareholders reaches the minimum statutory capital;
(3) Shareholders * * * jointly formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
2. Conditions for the establishment of a joint stock limited company:
(1) The promoters meet the statutory qualifications and reach a quorum;
(2) The share capital subscribed and publicly offered by the promoters has reached the statutory minimum.
(3) The issuance and offering of shares comply with the law;
(4) The articles of association formulated by the promoters shall be adopted by the founding meeting;
(5) Having a company name and establishing an organization meeting the requirements of the company;
(6) Having a fixed place for production and business operation and necessary conditions for production and business operation.
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