Difference and connection between limited liability company and joint stock limited company

Legal analysis: the difference between joint stock limited company and limited company;

1. Limited liability company belongs to "human capital joint venture". It is not only the combination of capital, but also the trust and cooperation between shareholders. A joint-stock company is a joint-stock company and a capital combination of shareholders.

2. A limited liability company can only raise funds by the promoters, and cannot publicly raise funds, issue shares or go public. In addition to establishing a limited liability company, a joint stock limited company can also raise funds from the public and go public for financing, but the establishment process is complicated.

3. The number of shareholders in a limited liability company is limited to 2 or more and 50 or less, and there is no upper limit for the number of shareholders in a joint stock limited company.

4. There are restrictions on the transfer of capital contribution by shareholders of a limited liability company to people other than shareholders, which requires the consent of more than half of all shareholders, while shareholders of a joint stock limited company are free to transfer their capital contribution to people other than shareholders.

5. Standardization of organizational structure: A limited company is relatively simple and flexible, and its organizational structure can be stipulated in its articles of association. It can only have one director and one supervisor, and there is no board of supervisors and board of directors; Limited by Share Ltd has high requirements, so it is necessary to set up a board of directors and a board of supervisors and hold regular shareholders' meetings. On the basis of joint stock limited companies, listed companies should also invite external independent directors.

6. Limited liability companies do not need to disclose financial, production and operation information to the public, while joint stock limited companies need to disclose their financial status to the public because of the large number of shareholders and frequent turnover of personnel.

7. The most important feature that distinguishes a joint stock limited company from a limited liability company is that shareholders are liable to the company with their shares, and the company is liable to the company's debts with all its capital.

Legal basis: Article 77 of the Company Law of People's Republic of China (PRC), a joint stock limited company may be established by means of initiation or public offering.

A promoter refers to a company established by the promoters who subscribe for all the shares that should be issued by the company. The establishment by public offering means that the promoters subscribe for part of the shares that should be issued by the company and raise the remaining shares to the public or specific objects to establish the company.