Legal analysis
There are different restrictions on the number of shareholders. According to relevant regulations, the number of shareholders of a limited liability company is 65,438+0 to 50. Usually, a limited liability company is composed of a group of people with similar interests, similar abilities and mutual trust, emphasizing human nature. Therefore, the number of shareholders of the company cannot be too large, so it is limited to1-50; On the other hand, joint-stock companies put more emphasis on capital combination, that is, collecting money from each other, so the law stipulates that the number of promoters of joint-stock companies is 2 to 200. However, it should be noted that the law requires more than half of the promoters of a joint stock limited company to have a domicile in China. As far as shareholders' rights are concerned, limited liability companies have greater autonomy. They can exercise their rights according to the proportion of capital contribution or the number of heads. Shareholders can also transfer or vote on their behalf, as long as it is clearly stipulated in the articles of association. However, according to the law, the shareholders of a joint stock limited company have "one share, one vote", and the number of shares owned by shareholders means the number of voting rights. Of course, in addition, the two companies have different regulations in many aspects, such as establishment standards, internal organization setting, equity transfer and so on.
legal ground
Company Law of the People's Republic of China
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys 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.
Article 24 A limited liability company shall be established by capital contribution of shareholders with less than 50 persons.
Article 77 A joint stock limited company may be established by means of initiation or 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.
Article 78 To establish a joint stock limited company, there shall be two or more promoters, more than half of whom shall have their domicile in China.