Wholly state-owned company: refers to a limited liability company which is solely funded by the state, and the state-owned assets supervision and administration institution of the people's government at the corresponding level is authorized by the State Council or the local people's government to perform the responsibilities of the investor. Wholly state-owned company: refers to a state-owned enterprise (the company form is not limited to limited liability company) in which government departments, organs, institutions and wholly state-owned enterprises (companies) directly or indirectly hold 65,438+000% of the total shares. State-owned enterprises are not an accurate legal concept. The earliest state-owned enterprises refer to enterprises owned by the whole people and have been the main form of state-owned enterprises since 1988. State-owned enterprises, including wholly state-owned enterprises, wholly state-owned companies and state-owned joint ventures, are all funded by the state; It also includes state-owned holding enterprises, which are divided into absolute holding enterprises and relative holding enterprises; And state-owned enterprises. Referring to the provisions of the State-owned Assets Law of Enterprises, we define state-owned enterprises as state-funded enterprises, which refer to wholly state-owned enterprises, wholly state-owned companies, state-owned capital holding companies and state-owned capital shareholding companies. The reason is that the state implements a special management system for state-owned enterprises and state-owned assets, which is obviously different from other companies.
Legal basis:
Article 4 of the Measures for the Supervision and Administration of State-owned Assets Transactions of Enterprises The term "state-owned, state-holding enterprises and state-holding enterprises" as mentioned in these Measures includes: (1) wholly state-owned enterprises (companies) funded by government departments, institutions and institutions, as well as wholly state-owned enterprises with a total shareholding of 65,438+000% directly or indirectly; (2) The units and enterprises listed in Item (1) of this article individually or jointly own more than 50% of the total property rights, and one of them is the largest shareholder; (three) the enterprises listed in items (1) and (2) of this article have invested more than 50% of their subsidiaries at all levels; (4) The largest shareholder is a government department, institution, institution, single state-owned and state-controlled enterprise whose direct or indirect shareholding ratio does not exceed 50%, which can be actually controlled through shareholders' agreement, articles of association, resolutions of the board of directors or other agreements.
Derivative problem:
The difference between a sole proprietorship enterprise and a sole state-owned enterprise.
Traditional state-owned enterprises are wholly-owned and wholly-owned enterprises. The similarity between them is in the form of sole proprietorship, but the difference between them is obvious.
1. A sole proprietorship enterprise does not have the qualification of enterprise legal person; A wholly state-owned enterprise is an enterprise legal person established according to law.
2. The investor of a sole proprietorship enterprise is a natural person; The investor of a wholly state-owned enterprise is a state-owned investor.
3. The investors of a sole proprietorship enterprise shall bear unlimited liability for the debts of the enterprise; State-owned investors are only responsible for state-owned enterprises to the extent of their capital contribution.
4. The sole proprietorship enterprise law established in accordance with the sole proprietorship enterprise law; Wholly state-owned industrial enterprises shall be established in accordance with the law on industrial enterprises owned by the whole people, and other wholly state-owned enterprises shall also be established in accordance with the principles stipulated in the law on industrial enterprises owned by the whole people.