1 The basis is different. The company is established on the basis of articles of association, and the enterprise is established on the basis of partnership agreement. Of course, the provisions of the partnership agreement cannot be against a bona fide third party.
The relationship between the two sides is different. A company, especially a joint stock limited company, has a typical capital investment relationship among its shareholders. Although the limited liability company has a little humanity, the relationship between capital and investment is more tense because of the existence of the limited liability system. Partners in an enterprise are based on personal relationships, specifically on the trust between people, so the relationship between partners is relatively strong and requires high credit.
3. The subject status is different. The company is a legal person enterprise and can independently bear civil liability with its own property; An enterprise does not have the qualification of a legal person and cannot bear civil liability independently with its property. When the property of the enterprise is insufficient to repay the debt, it must rely on the personal property of the partner to repay it.
There are different ways to take responsibility. The shareholders of the company shall bear limited liability, and the partners shall bear unlimited joint liability.
5. The scales are different. Enterprises are generally small in scale, because they are based on people's credit, and the scale cannot be too large. Companies, especially joint stock limited companies, will be large in scale and have a large number of shareholders. Of course, some partnerships will be larger, but the size of general partnerships is smaller than that of companies.
6. Different ways of capital contribution. Partners in an enterprise can use labor services to contribute capital, but shareholders in the company can't.
7. The requirements for registered capital are different. There is no minimum registered capital limit for the establishment of enterprises, but there is a minimum registered capital limit for the establishment of companies. The minimum statutory registered capital of a limited liability company is 654.38+10,000-500,000 yuan, and that of a joint stock limited company is 654.38+10,000 yuan.
Legal basis: Article 2 of the Company Law of People's Republic of China (PRC) The company mentioned in this Law refers to a limited liability company and a joint stock limited company established in China according to this Law.
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.