1. A wholly state-owned enterprise means that all the assets of the enterprise are owned by the state, and the state authorizes the enterprise to operate and manage according to the principle of separation of ownership and management rights. A wholly state-owned enterprise shall obtain legal person status according to law, operate independently, be responsible for its own profits and losses, conduct independent accounting, and bear civil liability with the property authorized by the state to operate and manage.
2. Characterized in that a wholly state-owned company refers to a wholly state-owned limited liability company established by a state-authorized investment institution or a state-authorized department in accordance with the provisions of the Company Law.
3. The Company Law stipulates that a state-owned enterprise established before the implementation of the Company Law can be reorganized into a wholly state-owned limited liability company in accordance with the Company Law if it meets the requirements for establishing a limited liability company.
Extended data
The difference between a limited liability company and a joint stock limited company is mainly manifested in:
1, is it a combination of people or capital?
Limited liability company is produced on the basis of absorbing the advantages of unlimited company and joint stock limited company. On the one hand, its shareholders are limited to the amount of capital contribution, enjoy rights and bear responsibilities, which is different from unlimited companies. On the other hand, because of its non-public offering, shareholders are closely related and have certain humanity, so it is different from a joint stock limited company.
2. Whether the shares are equal.
All the assets of a limited liability company do not need to be divided into equal shares, and shareholders only need to contribute according to the proportion of capital contribution determined in the agreement, and enjoy rights and assume obligations according to this proportion. Generally speaking, a joint stock limited company must convert its shares into equal shares, which is different from a limited liability company. This feature also ensures the universality, openness and equality of the joint stock limited company.
3. Number of shareholders.
Limited liability company should not have too many shareholders because of its certain humanity and trust among shareholders. China's company law stipulates 2-50 people.
There are upper and lower limits for the number of shareholders in a limited liability company, while there is only a lower limit for a joint stock limited company, that is, only the minimum number of promoters is stipulated, but only the minimum quorum of shareholders is stipulated, but the upper limit of shareholders is not stipulated. This makes the shareholders of a joint stock limited company have the greatest universality and considerable uncertainty.
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