Joint stock limited company: refers to an enterprise as a legal person established according to law. All its capital is divided into equal shares, and the company's capital is raised by issuing shares. Shareholders are liable to the company to the extent of their shares, and the company is liable to its debts with all its assets. Limited by Share Ltd is a typical joint venture company with a large scale and complicated establishment procedures.
Features:
1) The number of sponsors is limited, 2-200.
2) The capital of a company is divided into equal units called shares.
3) Shares are issued in the form of shares.
A limited liability company refers to an enterprise legal person established by all shareholders in accordance with the company law. Each shareholder is liable to the company to the extent of its capital contribution, and the company is liable to its debts with all its assets.
Features:
1) There are certain restrictions on the number of shareholders of a limited liability company, which must be less than 50;
2) Shareholders shall bear limited property liabilities to the Company to the extent of their capital contribution;
3) Limited liability companies do not publicly raise capital;
4) The scale of the company can be large or small, with strong adaptability;
5) The establishment procedure of the company is simple and the organization is flexible.
Conditions for establishment:
1) The number of shareholders meets the quorum;
2) Shareholders' capital contribution reaches the minimum statutory capital of 30,000 yuan;
Mode of contribution: monetary contribution; Contributions in kind; Intellectual property investment; Capital contribution of land use right.
Extended data:
What are the company's concepts, characteristics and conditions for establishment?
1, company concept
Refers to an enterprise legal person established in accordance with the law, for profit, and formed by shareholders' investment. The company has independent legal person property, enjoys legal person property rights, and is liable for the debts of the company with all its property.
2. Features
(1) is an independent enterprise legal person.
(2) Profit-making economic organizations
(3) The company must be established according to law and have a certain organizational structure.
(4) It is an enterprise legal person organization with human resources.
Step 3 establish
Concept: The establishment of a company refers to a series of legal acts carried out by promoters to form a company and obtain its legal personality.
The basic principles of its establishment are: self-establishment, that is, the establishment of a company depends entirely on the freedom of the parties and is not subject to any interference or restriction from the state; Franchising means that the establishment of a company must be chartered by the head of state or promulgated by the legislature; Permission means that the establishment of a company must be approved by the administrative organ in addition to the statutory general conditions; Standards refer to various requirements stipulated by law. As long as the establishment of a company meets the lock-in conditions, the state will register it and grant it legal person status.
Legal basis:
Article 143 of the Company Law stipulates that the shares held by shareholders can be transferred according to law. There is no mention of who has the preemptive right here. The limited liability company not only embodies the characteristics of human cooperation, but also embodies the characteristics of capital cooperation. A joint stock limited company is a typical joint venture company, and the basis of corporate credit lies in the company's capital rather than shareholders. Who holds the company's share capital has no influence on the company's credit, and the share transfer does not involve the increase or decrease of the company's capital, but only the change of shareholders.