Different types of companies mainly include limited liability companies and joint stock limited companies, while enterprises can include partnerships and other types.
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An enterprise as a legal person refers to a social and economic organization that independently engages in commodity production and business activities for profit. In some western countries, enterprise legal persons refer to joint stock limited companies and limited liability companies. In China, in addition to corporate, there are state-owned enterprises, collective enterprises and other corporate types. With the gradual establishment of the modern enterprise system based on the company system in China, the enterprise legal person in China will mainly refer to the company legal person in the future. Social and economic organizations that meet the legal conditions such as the amount of funds, the name of the enterprise, articles of association, organization and residence. According to the national laws, it can independently bear civil liability, and it has been approved and registered by the competent authority (industrial and commercial department) to obtain legal person status.
The specific characteristics of the company are that (1) must be established according to law. That is, it is established in accordance with the conditions, methods and procedures stipulated in the Company Law. (2) for the purpose of profit. The Company Law stipulates that the company "aims to improve economic efficiency and labor productivity and realize the preservation and appreciation of assets." This is a distinctive feature that distinguishes the company from other legal person organizations. (3) Must be qualified as a legal person. The company law stipulates that limited liability companies and joint stock limited companies are enterprise legal persons. According to the different ways of enterprise property organization, enterprises can be legally divided into three types: the first is a wholly-owned enterprise, that is, an enterprise established, operated, managed, benefited and assumed risks by a single entity; The second is a partnership, that is, an enterprise established, operated, managed, profited and assumed risks by two or more investors. The third type is a corporate enterprise, that is, an enterprise established in accordance with the company law. From the perspective of concept, the company is a form of enterprise and also belongs to the category of enterprise. On the other hand, an enterprise is not necessarily a company, but a big concept, which includes sole proprietorship and partnership besides a company. 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.