The difference between a limited liability company and a joint stock limited company is as follows:
1. Different in nature: a limited liability company belongs to a "human capital joint venture". Its operation is not only the combination of capital, but also the trust relationship between shareholders. At this time, it can be considered as between partnership and joint stock limited company; Joint-stock companies are typical joint-stock companies, and the unlisted companies in joint-stock companies still have certain humanity.
2. Differences in the forms of equity expression: in a limited liability company, the total equity is not evenly divided, and the shareholders' equity is expressed by the proportion of their subscribed capital contribution, and shareholders enjoy rights and assume responsibilities according to the proportion of their subscribed capital contribution when voting and paying off debts; The total capital of a joint-stock company is divided into smaller shares and shares with the same amount per share, which are subscribed and held by promoters or shareholders. The voting rights of shareholders are calculated according to the subscribed shares, with one vote per share.
3. The difference between the way of establishment and the process: A limited liability company can only raise funds by the promoters, and cannot publicly raise funds, issue shares or go public.
To sum up, the shareholders of a one-person limited liability company are also liable for the company's debts to the extent of their capital contribution. If the company's property cannot be proved to be independent of its personal property, it shall be jointly and severally liable for the company's debts.
Legal basis:
Article 2 of People's Republic of China (PRC) Company Law
The term "company" as mentioned in this Law refers to limited liability companies and joint stock limited companies established in China according to this Law.
essay
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.