Different types of companies, the company type of ordinary company belongs to joint venture company, which is the capital combination of shareholders, not based on the trust relationship between shareholders; The company type of limited company belongs to "human capital joint venture", and its operation is not only the combination of capital, but also the trust relationship between shareholders.
The partners of a general company bear different responsibilities and are jointly and severally liable for the debts of the partnership. Shareholders of a limited company shall be liable to the company to the extent of their subscribed capital contribution.
Through different stock rights, the total capital of an ordinary company is divided into smaller shares with equal amount per share; The total share capital of a limited company is not equally divided, and the shareholders' rights and interests are expressed in proportion to the subscribed capital contribution.
A limited liability company, referred to as a limited liability company for short, refers to an economic organization registered in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration and established by shareholders with less than 50 employees. Each shareholder shall bear limited liability to the company to the extent of the subscribed capital contribution, and the company shall bear full responsibility for the company's debts with all its assets. Limited liability companies include wholly state-owned companies and other limited liability companies.
The legal liability of a limited liability company shall be limited to the amount of capital contribution of each shareholder; The legal representative is the representative of the enterprise to exercise civil rights and assume responsibilities, and does not assume creditor's rights and debts; In the event of an illegal act, the legal representative shall exercise rights and assume responsibilities on behalf of the enterprise. Simply put, the enterprise is not the legal representative. The capital contribution made by the parties concerned shall be deposited into the account opened by the enterprise. As long as the capital is not withdrawn, the responsibility shall be borne by the enterprise. There are two forms of statutory companies in China, limited liability companies and joint stock companies.
legal ground
Company Law of the People's Republic of China
Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.