The so-called company noun interpretation company refers to an enterprise legal person that is generally established according to law, has independent legal person property and is for profit. According to the current Company Law of China (2005), its two main forms are limited liability company and joint stock limited company. These two types of companies are legal persons (Article 36 of the General Principles of Civil Law), and investors can be protected through limited liability.
The term "establishment of a company" is interpreted as: the establishment of a company refers to the legal acts that the promoters of the company must take and complete in order to form a company and obtain legal personality in accordance with legal conditions and procedures. Company establishment is different from company establishment registration, which is only the last stage of company establishment; The establishment of a company is also different from the establishment of a company. The establishment of a company is not a legal act, but the fact that the promoters have obtained the qualification of a company as a legal person or the legal consequences of the establishment of a company by the promoters. Therefore, the essence of establishing a company is a legal act, which belongs to multiple legal acts, but the establishment of a one-person limited liability company and a wholly state-owned company belongs to a unilateral legal act.
Company: refers to an enterprise legal person established in accordance with legal procedures for profit. Companies are divided into unlimited companies, limited companies and joint stock companies according to the responsibilities of shareholders to the company's creditors. According to the Company Law, China Company refers to a limited liability company and a joint stock limited company established in China according to this Law. The specific characteristics of the company are:
(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. Explain that the company belongs to the enterprise category.
Enterprise: refers to all economic organizations engaged in production, circulation or service activities to seek economic benefits.
According to the different ways of enterprise property organization, enterprises can be divided into three types in law:
The first is a wholly-owned enterprise, that is, an enterprise funded, 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.
To sum up, 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.
What does the word enterprise mean? An enterprise is a profit-making economic organization that engages in economic activities such as production, circulation and service, meets social needs with production or service, and operates independently, accounts independently and is established according to law. Enterprises mainly refer to independent for-profit organizations, which can be further divided into corporate enterprises and unincorporated enterprises, such as partnerships, sole proprietorships and individual industrial and commercial households. Under the background of Chinese mainland's reform, opening-up and modernization in the late 20th century, and the influx of new concepts in the field of information technology, the usage of the word "enterprise" has changed, and it is not limited to commercial or profit-making organizations. With the development of society, the enterprise with real development potential must be the company. For China, the word "enterprise" is not inherent in the ancient culture of China. Like other social science words widely used now, they were borrowed from Japan during the political reform in the late Qing Dynasty. Japan, on the other hand, was translated from western languages in the process of introducing western enterprise system after Meiji Restoration. Therefore, to explore the etymology of enterprises, we must not start with the vocabulary composition of China and Japan, but only focus on the transplanted "mother", that is, western vocabulary.
A joint-stock company refers to a company with shares as its capital, and its shareholders are liable to the company to the extent of the shares subscribed.
What does the word company mean? A company refers to an enterprise legal person generally established according to law, with independent legal person property and for profit. According to the current Company Law of China (2005), its two main forms are limited liability company and joint stock limited company. These two types of companies are legal persons (Article 36 of the General Principles of Civil Law), and investors can be protected through limited liability.
The term enterprise establishment is interpreted as: enterprise establishment refers to a series of actions that promoters must take and complete in order to form a company and obtain legal person status in accordance with the conditions and procedures prescribed by law. The establishment of a company is an organic whole that spans private law and public law, integrates substantive law and procedural law, and has various legal relations and legal effects. This is a complicated process. In particular, the establishment of a joint stock limited company is more complicated, and it is a complicated process with many difficulties and problems from the sponsors to conclude an agreement, formulate the articles of association, determine the shareholders and capital contribution, subscribe for shares, hold the founding meeting and register as a legal person. Therefore, there are different opinions about the nature of company establishment. Therefore, this paper makes a preliminary analysis of the legal nature of company establishment in order to attract more attention.
What does the enterprise name mean? Company name is the antonym of natural person name. The company name is the name of the company or enterprise legal person. This name belongs to the personal rights of legal persons and cannot be transferred. It exists with the existence of legal person and dies with the death of legal person. As a civil subject, a legal person needs to use the enterprise name to participate in civil activities, such as signing contracts and mortgage loans. The enterprise name must be approved and registered before it can be obtained. The General Principles of Civil Law compares the name right of a legal person as a personal right with the name right of an individual industrial and commercial household as a property right, both of which are allowed to be transferred, which may confuse the essential difference between personal rights and property rights. The four basic elements of enterprise name are administrative division, brand name, industry or business characteristics and organizational form.